GURMIT SINGH Vs. MADAN LAL

JUDGEMENT

(1.) C . M. No. 26060-C-II of 2012 : This is application for impleading legal representatives of Nabha Singh ­ judgment-debtor no.1 (since deceased). It is alleged in the application that Nabha Singh has left behind three persons, mentioned in paragraph 2 of the application, as his legal heirs, as per registered Will.

(2.) HOWEVER , since the revision petition is being disposed of, necessary steps for impleading legal representatives of Nabha Singh may be taken in the Executing Court. The application stands disposed of accordingly. Allowed as prayed for.

(3.) OBJECTION raised by the petitioners that decretal amount should first be recovered from the property of the debtor Nabha Singh before recovering the same from property of the surety has been rightly dismissed by the Executing Court because surety is jointly and severally liable with the principal debtor to pay the decretal amount. Learned counsel for the petitioners, however, contended that Bharpur Singh furnished surety bond for Rs.5,00,000/- only, and therefore, recovery of decretal amount from his property can be effected to the extent of Rs.5,00,000/- only. No such objection was, however, raised before the Executing Court, and therefore, no such objection has been adjudicated upon by the Executing Court.