GURNAM SINGH Vs. CHINT KAUR

JUDGEMENT

(1.) This is an execution second appeal filed by Gurnam Singh against the order of Shri D.B. Gupta, Additional District Judge, Patiala, dated August 6, 1975, whereby his appeal against the order of Shri B.C. Rajput, Additional Subordinate Judge, II Class, Patiala, dated August 6, 1974, accepting the objection petition under Order 21, Rule 90 and Section 47, Code of Civil Procedure, filed by Smt. Chint Kaur respondent, was dismissed.

(2.) Gurnam Singh, having obtained a money decree against Kartar Singh, husband of Smt. Chint Kaur respondent, sought its execution and recovery of the decretal amount by the sale of the land of the judgment-debtor. Some land was got attached and auctioned. Gurnam Singh appellant offered the highest bid. Smt. Chint Kaur filed objections stating therein that Kartar Singh had died in the first week of April, 1970, and the execution proceedings which were pending at that time continued without impleading his legal representatives. The execution proceedings taken after the death of the judgment-debtor were, therefore, illegal and void. The decretal amount had already been paid to the decree-holder and further the land was sold at a very low price. Gurnam Singh decree-holder-appellant contested the objection petition. According to him, the land had been auctioned on March 25, 1970, and as such it was not void.

(3.) The Executing Court framed the following issues :-