DEBENDRA NATH HALDAR Vs. GAARATOON

JUDGEMENT

(1.) The facts material to this appeal are as follows: G.A. Aratoon & Co., obtained in the Calcutta High Court a decree for Rs. 2000 against Upendra and Debendra, a firm carrying on business at Bundu near Ranchi in this province.

(2.) On the application of the decree-holder the decree was transferred for execution to Ranchi. In the Ranch! Court a compromise was entered into under which the judgment-debtors agreed to pay Rs. 100 a month to the decree-holder until the decretal debt should be satisfied. The compromise also provided that in default of any payment the decree-holder should be entitled to realize the entire balance then due. Only one instalment was paid. The Ranchi Court which executed the decree then struck off the execution and returned the decree to the Calcutta High Court with a report that the decree had been satisfied only in part.

(3.) Thereafter the decree was again transferred for execution to Ranchi on an application made by the decree-holder for its execution there. On receipt of the report of the process-server by the Court at Ranchi it was learnt that Upendra had died. On the application of the decree-holder the widow and the son of Upendra were substituted in his place in the execution proceedings by the Court at Ranchi to which the decree had been transferred. These persons appeared and objected that the Court at Ranchi had no jurisdiction to execute the decree as against them. They relied upon Section 50, Civil P.C., which provides that: Where a judgment-debtor dies before the decree has been fully satisfied, the holder of the decree may apply to the Court which passed it to execute the same against the legal representative of the deceased.