RUDRA PRATAP SINGH Vs. SHARDA MAHESH PRASAD SINGH

JUDGEMENT

(1.) This is an appeal by certain objectors arising out of an execution proceeding. Briefly stated the facts of the case are as follows : - A Hindu widow was in possession of a large estate situated in the district of Mirzapur and in 1913 she purported to surrender it in favour of Baijnath Prasad Singh, the father of Babu Rudra Pratap Singh, the present appellant. She died soon after and a suit was instituted by Raja Tejbali Singh, the father of Raja Sharda Mahesh Prasad Singh, the defendant-respondent, for recovery of possession of the property claiming it by right of lineal primogeniture. He impleadad certain relations of Baijnath Prasad Singh who were transferees from the widow but did not implead the present appellant, Babu Rudra Pratap Singh. In this suit we understand that the present appallanti actually appeared as a witness for his father at some stage of the proceedings and also joined his father in executing a security bond in order to obtain a temporary stay. The case was fought up to the Privy Council. The ultimate result was that with the exception of certain move-able properties, the bulk of the property was given to Raja Tejbali Singh. Baijnath Prasad Singh died in January 1921 just before the judgment was pronounced by their Lordships of the Privy Council, though it is suggested on behalf of the respondent that he died after the arguments were over.

(2.) The decree-holder hag put the decree for costs in execution and has attached the joint ancestral property in the hands of the present appellant who is the son of the deceased judgment-debtor.

(3.) Two objections were raised on behalf of the objector: (1) that no credit had been given for Rs. 4,000 which had been deposited in cash as security in the High Court, and (2) that the appellant was not the legal representative of the deceased judgment-debtor inasmuch as the previous suit had bean contested by him in his personal capacity.