ANEHAKANA SUR Vs. ABANI BHUSAN SUR

JUDGEMENT

(1.) This re-visional application at the instance of the judgment-debtors raises a short question whether the Decree-holder opposite parties are entitled to proceed in execution of a decree obtained by their predecessor-in-interest without production of a Succession Certificate.

(2.) The judgment-debtors (hereinafter called the petitioners) raised an objection that the execution case was not maintainable. This objection under Section 47 of Civil P, C. was registered as Misc. Case No. 6 of 1980 of the 7th Court of the learned Subordinate Judge at Alipore and the learned Subordinate Judge has, by his order dated Aug. 31, 1981 overruled the contention. Hence the revisional application.

(3.) The application has been heard on notice to and upon contest by the opposite parties.