R S CH UMRAO SINGH Vs. TULA RAM

JUDGEMENT

(1.) The short point for decision in the present case is whether it is open to a joint decree-holder to execute decree after the death of the other decree-holder.

(2.) On the 5th July 1939 the three brothers, Risal Singh, Kehar Singh and Umrao Singh, obtained a decree in a sum of Rs. 10,412 against the defendant. According to this decree the judgment-debtor was to deposit a sum of Rs. 4,000 by the 5th January 1940 and was to pay the balance in equal instalments of Rs. 1,000 on the expiry of each period of six months. Risal Singh died on the 5th July 1941.

(3.) The judgment-debtor deposited an aggregate sum of Rs. 2,800 on or before the 8th January 1949 and another sum of Rs. 1200 on a later date. The first sum of Rs. 2,800 was paid to Kehar Singh and Umrao Singh the surviving decree-holders, but when the question concerning the payment of the other sum of Rs. 1,200 came up for consideration, the Court directed that a sum of Rs. 800 should be paid to Kehar Singh and Umrao Singh and that the remaining sum of Rs. 400, which represented the share of Risal Singh deceased, should be paid only on the production of a succession certificate. Kehar Singh and Umaro Singh are dissatisfied with the order and have come to this Court in revision.