LAJWANTI Vs. ANOOP KUMAR AND ORS.

JUDGEMENT

(1.) Decree dated 7.2.2007 passed against Surinder Kumar father of JD Anoop Kumar and husband of JD Smt. Kamla Devi is being executed against the LRs of deceased-JD, who had taken objection, interalia, that since they were not parties to the decree, they are not bound by the same. Accepting their objection petition, the Executing Court on 13.9.2012 dismissed the execution petition holding that the decree was not executable against the LRs of the deceased.

(2.) This order is impugned by the decree-holder claiming that being LRs of deceased-JD, they are bound by the decree and impugned order suffers from apparent illegality.

(3.) Counsel for the respondent-JDs, on the other hand, has urged that since the JDs were neither parties to the suit nor had set up their defence to defeat the claim of the decree-holder, they were not bound by the decree.