JARNAIL SINGH Vs. SAUDAGAR SINGH

JUDGEMENT

(1.) CHALLENGE in the present revision is to the order passed by the Executing Court dismissing the execution application holding that the decree is a nullity.

(2.) BRIEF facts arising out of the present revision is that one Bawa Singh filed a suit to demolish the khal passing through khasra Nos. 524/11/1/5-11, 525/15/1/15-17 situated at village Dhanaula Kalan. The said suit was decreed on 23.11.1967. The appeal was accepted and the judgment and the decree was set aside but in regular second appeal the judgment of first Appellate Court was set aside and that of trial court was restored on 7.2.1980.

(3.) THE learned executing court has erred in law in dismissing the execution application holding that non-impleading of legal representatives may render the decree nullity. As a matter of fact, the decree passed is not rendered nullity on account of non-impleading of legal representatives. It is open to the defendant to raise such question in appeal or revision against the said decree and not in execution application. Rule 22 (2-A) and (2-B) has been incorporated on 13.3.1975 in the Code of Civil Procedure by virtue of amendment made by the High Court which reads as under :