NAND SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) CHALLENGE in this revision is to the order dated 24.5.1982 passed by learned District Judge, Chandigarh. Learned counsel appearing for the petitioners contends that the impugned order suffers from an error of jurisdiction as under the provisions of the Code of Civil Procedure, it is not mandatory for the petitioner to obtain succession certificate before the legal representatives of a deceased can be brought on record and permitted to execute an already instituted execution petition. For this purpose, he relies upon a judgment of Division Bench of this Court in the case titled as Inder Sain and another v. Man Singh Gujjar, AIR 1992 P&H 130 : 1992(1) RRR 58 (P&H)(DB).

(2.) DESPITE the fact that this petition has been on the regular Board of this Court since last week and has been called out repeatedly, nobody appears on behalf of the Union of India. Even today, nobody has put in appearance despite intimation being sent to the counsel for the Union of India. Resultantly, I would proceed to decide this case in absence of counsel for the respondents.

(3.) THE land belonging to Sita Devi was acquired by the Land Acquisition Collector in accordance with the provisions of Land Acquisition Act. She died on 4.10.1980. The award was passed during her life time. Thereafter applications were filed for recovery of compensation awarded for the land acquired by way of acquisition. One application was filed by Nand Singh and Ram Singh, brothers of late husband of Sita Devi while the other application was filed by Om Parkash and Baldev Singh, sons of Bharat Singh, another brother of late husband of Sita Devi. The evidence was led by the parties before the learned trial court. The learned trial court came to the conclusion that under Section 214 of the Indian Succession Act parties should obtain a succession certificate to pursue the execution and to enjoy the fruit of the decree in their favour. Some judgments have been referred. It is contended by the petitioners that under Order 22 Rule 5 of the Code of Civil Procedure legislation (legislature ?) has imposed an obligation upon the court to determine as to who is the legal representatives of the deceased in a suit or execution. Division Bench of this court would be binding upon this court. As such I do not wish to discuss the merit or demerit of this contention. In the case of Inder Sain (supra), the court held as under :-