SYED MUBARAKS Vs. SYED DI AWAR

JUDGEMENT

(1.) This is a revision petition filed by the decree-holders against the order of Third Assistant Judge, City Civil Court, dated 30-6-1978 in E.A.No. 126 of 1978 in E P.No. 15 of 1978 allowing the petition and directing restitution of property delivered to the decreeholders under section 151 C.P.C. C.R.P. No. 3691 of 1978 and

(2.) The short point that arises for consideration in this revision, petition is, whether the property delivered in execution of the decree in E.P. (showing the name of the deceased decree holder in the cause title) filed by the general-power-of-attorney representing the deceased decree-holder and alio the legal representatives of the deceased decree-holder is a nullity and then, fore the property delivered to the legal representatives should be restituted to ttw judgment-debtors.

(3.) To appreciate the above point, it is necessary to state a few ficis which are relevant for disposal of this petition.