LAWS(APH)-2011-3-101

VIJAY AND COMPANY Vs. YOGESWARA RAO AND COMPANY

Decided On March 25, 2011
VIJAY AND COMPANY Appellant
V/S
YOGESWARA RAO AND COMPANY, CHIRALA, PRAKASAM Respondents

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and Sri R.V.Subba Rao, learned counsel appearing on behalf of the respondents.

(2.) The petitioner, who is the decree holder seeks to invoke the jurisdiction of this Court under Section 115 of the Code of Civil Procedure, inter alia, seeking to assail the correctness of the order in dismissing the petition laid by him as per orders in E.P.No.11/1999 in S.C.1197/1973, dated 11-6-2007, on the file of the Junior Civil Judge at Chirala.

(3.) Considering these two submissions and especially the provisions under Section 50, 52 and 53 of the Code of Civil Procedure and narrowing it down to the relevant provision as Section 53, the Court below held that since Gunturu Nagendrudu died much before filing of the suit itself, it cannot be treated as an estate of the deceased so that the property can be proceeded against since it has already vested in the Judgment Debtors 6 and 7. Hence, the revision.