MAHESH Vs. ASHOK KUMAR

JUDGEMENT

(1.) THIS is a Civil Revision directed against the order dated 8.3.1999 passed by the Civil Judge, Junior Division, Gurgaon (the Executing Court), which dismissed the objections of Mahesh Judgment Debtor (defendant No. 2 in the main suit). Some facts can be noticed in the following manner :-

(2.) THE objections of Mahesh Singh were resisted by the applicants of the execution application. The trial Court dismissed the objections vide the impugned order and thus Mahesh Singh aggrieved by the impugned order has come in the present revision.

(3.) IT is the basic principle of law that the Executing Court cannot go behind the decree. The specific objection of the Mahesh Singh is that Smt. Lodha Bai died on 20.12.1984 even much prior to the filing of the suit in the year 1985 and in these circumstances, the suit itself was bad institution because it had been filed in the name of a dead person. On these premises, Mr. Jain submitted that when a decree in favour of a dead person is nullity, the alleged execution cannot proceed on the behest of LR of a dead person.