ANANT LAL SHAW Vs. GAURI PRASAD YADAV

JUDGEMENT

(1.) The Judgment-debtors preferred this Civil Revision Petition against the order dated 11th Jan. 1978, By this order the court below held that the provisions of Order 22 Rr. 3, 4 and 8 do not apply in view of Order 22 Rule 12 of the Civil P. C. (hereinafter referred to as the 'Code').

(2.) Order 22 Rule 12 of the Code provides that Rr, 3, 4 and 8 of Order 22 shall not apply to the proceedings in execution of a decree or order. In this case an ejectment decree under Section 11 of the Bihar Buildings (Lease, Rent and Eviction Control) Act, 1947 (hereinafter referred to as the Act) was passed bv the trial court on 30th Sept. 1966. The judgment-debtors, who were defendants in the trial court, preferred Title Appeal No. 48 of 1966. During the pendency of appeal the original plaintiff Chaturbhuj Mahto died leaving behind the opposite parties as heirs. These opposite parties were substituted in appeal as heirs of Chatur-bhuj Mahto, 2-A. By the Judgment and decree dated 15th Nov. 1975 the 3rd Additional District Judge dismissed the appeal,

(3.) On account of the death of Chatur-bhuj Mahto, the heirs of Chaturbhuj Mahto (opposite parties) applied to the executing court on 5th May, 1977 for permitting them to prosecute the execution of the decree.