AMAR KAUR RAM LAL Vs. SADHU SINGH

JUDGEMENT

(1.) IN this appeal under Clause 10 of the Letters Patent against the order passed by a learned single Judge of this Court on 19-3-1958 in Execution First Appeal No. 174 of 1956, the sole question for decision is whether an appeal filed in the name of a person, who was dead on the date of the institution, could be continued by permitting his legal representatives to be substituted in his place as appellants. The facts giving rise to this appeal are as follows:

(2.) RAM Lal, husband of Shrimati Amar Kaur (the appellant before us) obtained a decree for Rs. 18,000/- with costs against the estate of Udham Kaur in the hands of respondents Sadhu Singh and others. In execution thereof certain properties situated in village Ganeshpur were attached. Objections to the attachment having been preferred by Dhanna, one of the judgment-debtors, the executing Court released one half of the properties from attachment; vide its order dated 25th June, 1956.

(3.) ON 27-10-1956, the decree-holder Ram Lal died in Africa. In ignorance of his death on 5th November 1956 an appeal against the order of the executing Court dated 25-6-1956 was presented to this Court by Shri Harbans Singh Gujral, advocate, who purported to act as counsel for the decree-holder, Ram Lal on the strength of the power-of-attorney given to him by the decree-holder's wife Shrimati Amar Kaur. When the appeal came up for hearing on 19-3-1958 before a learned single Judge of this Court, the respondents objected that the appeal could not be entertained having been filed by a dead person. This objection prevailed and Bishan Narain, J. , dismissed the appeal without making any order as to costs.