SAVITRI DEVI Vs. SHIMLA DEVI

JUDGEMENT

(1.) THIS civil Revision is directed against the order of the Executing Court by the which execution application was ordered to be consigned to records till such tune legal representatives of the deceased decree-holder got succession certificate in their favour from a competent Civil Court.

(2.) IN brief, the facts are that one Sada Ram for obtaining possession of the land which was the subject-matter of the decree, filed execution application on 31. 7. 1991 but before decree could be executed, Sada Ram died on 1. 11. 1991. Present petitioners, legal representatives of Sada Ram decree-holder, filed application for getting themselves substituted in place of Sada Ram, Respondent took objection, to their prayer fin the ground that the execution application cannot be continued in absence of succession certificate. This objection found favour with the Executing Court and consequently, the execution application was consigned to records. This order is being impugned in this civil revision.

(3.) LEARNED counsel for the petitioner contended that no succession certificate is required for continuing the execution application. According to him, section 214 of the Indian Succession Act, 1925 only bars the institution of the execution application and not for proceeding with such applications which may have been instituted also contended that the judgment relied upon by the trial Court (1990 P. L. J. 432) is not applicable to the facts of the present case. He submitted that without getting succession certificate, petitioners have no right to proceed with the execution application. Counsel made reference to Section 214 of the Indian Succession Act, 1925.