MARGADARSI CHIT FUND LTD Vs. MOTURI GNANA PRAKASH

JUDGEMENT

(1.) Aggrieved by the orders dtd. 16/3/2015 passed in E.P.No. 77 of 2014 in Dis.No.53 of 2012 on the file of the Court of the Principal Junior Civil Judge, Visakhapatnam, (in short "the execution court" the present revision is filed.

(2.) The petitioner herein is the Decree Holder/ plaintiff; the respondents 1 to 4 herein are the Judgment Debtors/ defendants 1 to 4 before the court below.

(3.) Initially the petitioner filed a case for recovery of money against the respondents basing on the Chit transaction before the Deputy Registrar of Chit/ Arbitrator at Visakahpatnam in Dis. 53 of 2012 and the same was disposed of by way of Award dtd. 2/6/2014 for Rs.76,872.00. Basing on the Award, Execution Petition was filed under order 21, rule 48 of C.P.C seeking to order attachment of J.Drs 1, 2 and 4 to the extent of money available by issuing pro-order to their garnishee mentioned in the E.P and claima to send to the attached amount to court for realization of E.P amount and further interest till realization. On enquiry, the execution court dismissed the said E.P holding that the Judgment Debtor No.1 died on 13/7/2014 and the Decree Holder not taken steps to implead the legal representations of the 1st Judgment Debtor. The E.P filed to attach the salary of an individual. Fresh decree cannot be executed against the legal representatives of the deceased 1st Judgment Debtor. Therefore the execution court dismissed the E.P. Aggrieved by the same, the present revision came to be filed.