DARKA DAUGHTER OF PREM RAJ Vs. HARDEWA

JUDGEMENT

(1.) THIS case has been on the regular Board of this court since last week. Learned counsel for the respondent has not appeared despite repeated calls. Resultantly, this court has no option but to proceed with the hearing of the matter.

(2.) I have heard the learned counsel for the petitioner at some length.

(3.) UNDISPUTED facts are that the suit for recovery of Rs. 14,000/ - was instituted by Gaja Nand against Hardewa. During the pendency of the suit Gaja Nand is stated to have died and Darka was brought on record, as decree was passed on 2.7.1981. Thereafter the defendant filed an appeal, which resulted in passing of a compromising order dated 7.9.1981 between Hardewa and Darka. As per the compromise decree, if the defendant pays a total sum of Rs. 11,200/ - and costs of the suit, as assessed by the learned trial court, on or before 30.6.1982, the decree would stand fully satisfied. As the said compromise was not adhered to, Darka filed execution petition for executing the decree for its full amount. In this execution petition, Hardewa filed objection of 9.10.1982 stating that as no succession certificate had been obtained under Section 214 of the Indian Succession Act, 1925, the execution petition is not maintainable. This objection was accepted by the learned execution petition was dismissed.