NAR SINGH Vs. SANTOSH KUMARI

JUDGEMENT

(1.) The plain and simple Substantial Question of Law arises in the present regular second appeal for determination is ''Whether in a suit filed by the appellants-plaintiffs being a transferee from a decree-holder of a sale deed dtd. 18/7/1969, from the decree-holder/pre-emptor of a sale deed dtd. 1/9/1966, decreed by the trial Court, vide judgment and decree dtd. 25/3/1969, can be directed to file the execution or separate suit''.

(2.) After the aforementioned decree attained finality, question arose whether in the execution petition, filed by the Ghanu, would have a subsisting right or it would be of the transferees i.e. the appellants-plaintiffs.

(3.) The trial Court on the basis of the aforementioned pleadings and evidence, decreed the suit, but the the lower Appellate Court by noticing the provisions of Sec. 47 of the Code of Civil Procedure prohibited the transferee to file the separate suit, in other words, it was observed that the remedy for the plaintiffs was to seek the execution of the decree dtd. 25/3/1969.