BALARAM KARMAKAR AND ORS. Vs. SUBODH CHANDRA BOSE

JUDGEMENT

(1.) THIS appeal is directed against an order in an execution case in relation to a final decree for partition. The decree in question was passed on 21 -2 -1949 in Title Suit No. 36 of 1947. This appeal has been preferred by three persons, Balasam Karmakar, Baljuri Das and Fakir Chand Das. They were not parties to the partition suit itself but they were impleaded as judgment -debtors in the execution case, they being judgment -debtors Nos. 14 to 16 respectively.

(2.) BALARAM Karmakar died during the pendency of the appeal on 13 -1 -1954 and no attempt was made to substitute the heirs of Balaram until on 11 -3 -1955 when an application for substitution after setting aside abatement was filed on behalf of his widow and minor son. The learned Counsel for the appellants submits in the first place that no substitution is necessary as under Order 22, Rule 12, Civil P.C., Rules 3, 4 and 8 of that Order had no application to proceedings in execution of a decree or even to appeals arising out of such cases.

(3.) THERE is an application on behalf of a person called Satya Ranjan De to be added as party to the appeal preferred by the other judgment -debtor -appellants. This person was impleaded as a party to the execution case being placed in the category of judgment -debtors, his serial number being 16. Admittedly, as stated in the execution petition itself, this person had purchased some portions of land from the decree -holder himself after the passing of the final decree.