RAMESHWAR Vs. PURSHOTTAM

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner judgment debtor against the order dated 5th November, 1982 passed by the learned Munsiff, Neemkathana in civil execution case No. 7/80.

(2.) A decree was passed by the trial court on October 11, 1971 in favour of Visheshwar Dayal against the petitioner in civil suit No. 12/69 After passing of the decree, Shri Visheshwar Dayal died and the non petitioners submitted an execution application alongwith an application to substitute their names in place of the deceased decree holder. The petitioners raised several objections including the one challenging the capacity of the non petitioners to claim to be the legal heirs and representatives of the deceased decree holder. Apart from this, a certificate Ex. A/1 issued by the Tehsildar in favour of petitioner Rameshwar was also filed, which shows that petitioner Rameshwar was a scheduled debtor as defined in the Rajasthan Scheduled Debtors (Liquidation of Indebtedness) Act, 1976 (hereinafter called as the Act.) Learned trial court after recording the statements of both the parties came to the conclusin on that the certificate Ex. A/1 was not reliable as the same was granted without making necessary enquiry and that the petitioner was not a scheduled debtor, as such he cannot be exempted from payment of the amount for which the execution application has been filed.