RAM MURTI DEVI Vs. RALLA RAM TULSI RAM

JUDGEMENT

(1.) Feeling aggrieved from the order dated July 12, 1982, passed by the Senior Sub-Judge Shimla, the petitioners have filed the present revision petition.

(2.) Briefly, the facts are that a money decree was passed by Munsif Court Ghaziabad, on Dec. 21, 1967 in favour of Bidhi Chand Shastri (now deceased) against M/s. Ralla Ram Tulsi Ram and others.

(3.) The present petitioners claim themselves to be the legal representatives of Bidhi Chand, who died on Jan. 5, 1982. The respondents are the judgement-debtors. Bidhi Chand moved the court of Munsif Ghaziabad for transferring the decree to the Court at Shimla (Himachal Pradesh) for execution purposes and Munsif Ghaziabad sent the decree for execution to the court of Shimla, along with a copy of the decree and a certificate under O.21 R.6 of the Civil P.C. (hereinafter the Code). Bidhi Chand also moved an application under O.21, R.30 of the Code in the Court of Senior Sub-Judge Shimla on Nov. 20, 1979 and prayed that the amount of the decree be paid to him after carrying out execution proceedings. The Senior Sub-Judge, Shimla (hereinafter the transferee court) proceeded with the execution and issued processes etc. During the pendency of the execution proceedings in the transferee court, Bidhi Chand decree-holder died and the petitioners moved an application on 3-4-1982 with a prayer that they may be allowed to continue with the execution proceedings as legal representatives. The petitioners claim themselves to be widow, sons and daughters of Bidhi Chand (decree-holder). This application was contested by the respondents who claimed that the petitioners had no right to continue the execution proceedings.