K L BAWA Vs. BASANT TEXTILES

JUDGEMENT

(1.) Messrs Basant Textiles. Abu Lane, Meerut (respondent) obtained a decree for the recovery of Rs.23,363.05 against K. L. Bawa (petitioner) now deceased and represented by his widow Jagdish Rani from the court of 1st Civil Judge, Meerut, on Mar. 12, 1977. The decree was transferred to the District Judge, Chandigarh, for execution purposes. In the execution proceedings, house No. 70, Sector 18-A, Chandigarh, belonging to the judgment-debtor was attached. The judgment-debtor filed objections against attachment u/s. 47, Civil Procedure Code, claiming the protection of clause (ccc) under proviso to subsection (1) of S. 60, Civil P. C. The objection petition was dismissed by the executing Court vide order dt. Sept. 29, 1980, against which the present revision is directed.

(2.) The judgment-debtor died on Oct. 14, 1981. His widow Jagdish Rani has been allowed to be impleaded as his legal representative in C. M. No. 63-CII of 1982.

(3.) The learned counsel for the respondent has argued that as a result of the death of the judgment-debtor on Oct. 14, 1981, the revision petition stands rendered infructuous. The contention of the learned counsel must prevail.