RAM DHANESH SINGH Vs. CHANDRA DEVI

JUDGEMENT

(1.) This appeal by one of the judgment-debtors is directed against the order dated the 30th June 1967 passed by the Third Additional Subordinate Judge, Patna, in Miscellaneous Case No. 2 of 1967, directing that Execution Case No. 14 of 1966 will not proceed further and that the decree-holder respondent be given an opportunity to get the final decree amended as early as possible.

(2.) It appears that Ram Gayan Singh (Defendant No. 2), son of Gauri Singh, died after the passing of the preliminary decree but before the final decree was prepared and his heirs and legal representatives, namely, his widow and daughter, had not been substituted. Similarly, Manbharan Singh (defendant No. 4), one of the Judgment-debtors named in the decree, died in 1961. The final decree had been prepared in his name, although he was dead at the time of the preparation of the decree. The stand taken by the appellant was that, the final decree having been made against the aforesaid two persons who were defendants 2 and 4 to the suit and they having died earlier, it was a nullity and, as such, the execution could not proceed.

(3.) The learned Additional Subordinate Judge came to the conclusion that the suit could not be said to have abated as both the defendants died after the passing of the preliminary decree. He was also of the opinion that some time should be given to the decree-holder to bring on record the legal representatives of the two deceased defendants (Nos. 2 and 4).