SUTTAN SINGH Vs. BRIJRAJ SINGH

JUDGEMENT

(1.) This case has been taken in second round. None present on behalf of the petitioner. Objection raised in execution petition was dismissed by the executing Court vide order dated 29.9.1995 and in view of the provisions contained in O. 21 R. 16 Code of Civil Procedure the decree was directed to be executed.

(2.) In brief facts are that one Smt. Ratan instituted a suit for possession of the disputed property against the petitioner which was decreed on 7.3.1986. Smt. Ratan died in Jan., 1989 and on 5.3.1993 execution petition was filed by Brijraj Singh stating that he was successor of Smt. Ratan Bai, who executed a will in his favour on 10.2.1985 and an application was submitted by the petitioner raising an objection that Brijraj Singh was not authorised to execute the decree. It was averred in the application that Brijraj Singh did not obtain probate of the will in view of the provisions under section 213 of the Indian Succession Act and unless probate is granted in favour of the Brijraj Singh he was not entitle to execute the decree.

(3.) The executing Court dismissed the objection vide order dated 29.9.1995 and this order has been assailed in this revision petition.