GOPAL LAL Vs. AMBA BAI

JUDGEMENT

(1.) Instant revision impugns the order dated May 18, 1996 of the learned Civil Judge (Junior Division), Rajsamand, whereby the application of the judgment-debtor-petitioner (for short the judgment-debtor) under S. 47 read with O. 21, R. 34 and S. 151, C. P. C. was dismissed.

(2.) Brief re'sume' of the facts is that one Radhu Lal, the father of the judgment-debtor was the defendant in a suit for specific performance instituted by one Laxmi Lal in the Court of Munsif, Rajsamand. The suit was ended in dismissal. Laxmi Lal preferred regular first appeal against the decree of the trial Court. Appellate Court (Additional) Civil Judge, Udaipur Camp, Rajsamand) allowed the appeal vide its decree dated April 18, 1978. Thereafter Radhu Lal instituted second appeal in the High Court assailing the decree of the appellate Court. During the pendency of the appeal Laxmi Lal died and his legal representatives (present non-petitioners Smt. Amba Bai and others) were brought on record. High Court, however, dismissed the appeal on merits on May 23, 1991.

(3.) In Execution Case No. 3/93, the judgment-debtor Gopal, moved an application under Section 47 read with O. 21, R. 34 and S. 151, C. P. C. to the effect that his father Radhu Lal died on December 14, 1990 and High Court passed a decree of dismissal of appeal on May 23, 1991, obviously against a dead person which is a nullity and cannot be executed. Another objection was also raised that the decree was inexecutable by the legal representatives of Laxmi Lal, without obtaining the succession certificate. The executing Court dismissed the application vide impugned order.