SUDHAMANI DEI Vs. SADANANDA MOHANTY

JUDGEMENT

(1.) This is an application by the widow of one of the judgment-debtors whose objection under Section 47 of the Code of Civil Procedure (hereinafter referred to as the 'Code') to the execution of the decree has been rejected. She has claimed that the property in her hands was not liable for execution and, therefore, should be exempted.

(2.) Opposite party No. 1 obtained a decree in Money Suit No. 4 of 1967 on 2312-1968, against one Narayan Mohanty and his son Chandrakanta. The decree was put into execution in Execution Case No. 43 of 1975. In view of the death of Narayan his widow and daughter were brought on the record as legal representatives. An objection was filed in the executing court by the widow and her daughter contending that they were not liable for the decretal dues and as such should be expunged from the execution case. The executing court rejected the objection. The widow has carried this revision challenging the order of rejection of her objection. So far as the daughter is concerned, the order has become final against her in the absence of any challenge.

(3.) There is no dispute that the widow and the daughter are sought to be proceeded against on the ground that they have obtained a share of the property of the original judgment-debtor and it is conceded from the side of the decree-holder that their liability is limited to the extent of the inheritance, Mr. Das for the petitioner places reliance on the provision of Section 53 of the Code which provides :-