GANGA JOGTA Vs. NAND LAL

JUDGEMENT

(1.) By way of this petition, the petitioner has assailed order dtd. 3/5/2025, passed by learned Civil Judge (Court No.5), Shimla, in Execution Petition No. 94 of 2022, in terms whereof, the decree-holder has been directed to move an appropriate application to bring on record the legal representatives of deceased judgment-debtor.

(2.) Brief facts necessary for the adjudication of this petition are that the Civil Suit filed by the petitioner herein, stands decreed in this favour. According to the petitioner, the original defendant was proceeded against ex-parte during the adjudication of the Civil Suit. Even in the execution proceedings, he did not appear and he was proceeded against ex-parte. Thereafter, during the pendency of the execution proceedings, judgment-debtor has died.

(3.) The issue which has been decided in terms of the impugned order by the learned Executing Court is as to in these circumstances, whether the decree-holder has to bring on the record the legal representatives of the deceased judgment-debtor or not. As per the learned Court, legal heirs have to be brought on record.