JAINPANIVARI DHARMASATRAM Vs. K SANJEEVAMMA

JUDGEMENT

(1.) The question that is debated in this revision is whether against a dead persor, who is the judement-debtoran execution petition can be filed and whether his legal representatives can be brought on record for the purpose of executing the decree, though the deceased died prior to filing of the execution petition.

(2.) it is held by the lower court that the judgment-debtor died prior to the filing of the execution petition. It is not, however, stated as to how long prior to the filing of the execution petition, he died. However, it is only in this simple ground that against a dead person the decree cannot be executed in lower court denied the E.P. This is erroneous, Rule 12 of Order 22 CPC on which basis the learned counsel for petitioner argues, reads. "12. Application of order to proceedings nothing in Rules 3, 4 and 8 shall apply to proceedings in execution of a decree or order". The learned counsel argued that Rules 3, 4, and 8 of the said Order are not applicable to execution proceedings and therefore the decree can be executed against a dead person by getting the legal representatives for the purposes of execution. He relied upon a decision of the Allahabad High Court reported in Budh Singh and others vs. 8th Additional District Judge, Meerut and otliers wherein it was held.

(3.) Hence the order under revision, which is erroneous, is set aside and the matter is remitted back to the executing court to proceed further in the light of the observations made above. However, the learned counsel for the respondent submitted that her right to raise objections with regard to limitation may be preserved, as in this cases according to her, by the time the petition to bring legal representatives on record was filed, it was beyond twelve years from the date of the death ot the judgment-debtor and therefore, it gets baired by limitation. This right is reserved and the executing court can as well go into it and adjudicate upon the same.