VIKASH YADAV Vs. KAILASH CHANDRA SINHA

JUDGEMENT

(1.) Heard Mr. Jagnnath Singh, learned counsel for the petitioner.

(2.) This application under Article 227 of the Constitution of India has been filed by the petitioner for setting aside the order dated 19.09.2018 passed by the learned Munsif, Gopalganj in Execution Case No.02/ 2002, whereby the objection raised by the son of the judgment-debtor, Late Ramadhar Prasad Yadav, in the execution proceeding, has been rejected.

(3.) Learned counsel appearing for the petitioner submitted that the learned Munsif grossly erred in law in rejecting the application dated 18.08.2018 filed by the petitioner wherein it was pleaded by the petitioner that the execution proceeding should be dismissed due to the death of the judgment-debtor. According to him, an execution proceeding cannot run against a dead person. Since all the three judgment- debtors had died and their legal representatives were not brought on record by the decree-holder, the learned Munsif ought to have dismissed the execution proceeding. He argued that the order impugned is illegal, unjust and perverse. Hence, the same is liable to be set aside.