KRISHNA BOSE Vs. RAJENDRA PRASAD BOSE

JUDGEMENT

(1.) THIS is a civil revision by a legallre - presentative of a deceased judgment -debtor.

(2.) PETITIONER is daughter of the judgment -debtor who died leaving behind widow, two sons and petitioner as legal representatives. For realisation of decretal dues against the judgment -debtor, decree - holder sought to proceed against properties of deceased judgment - debtor described in various lots in hands of his legal representatives. Since decree -holder was of opinion that Lot. No. 1 may be sufficient to get the decree satisfied the prayed for proceeding against that lot first for satisfaction of the decree before proceeding against other lots. Widow of judgment -debtor made a prayer that her 1/4th interest in the properties of her husband may be excluded from being put to sell. Executing Court accepted prayer of the decree -holder as well as the widow of judgment -debtor. Thus 1 /4th interest of the widow in Lot No. 1 stood excluded.

(3.) OBJECTION to permission for proceeding against Lot No. 1 first has no force since no cogent ground has been made out touching jurisdiction of executing Court in that respect. Second objection, how - ever, requires careful consideration.