RAM NARAIN SINGH Vs. BASUDEO SINGH

JUDGEMENT

(1.) This is an appeal by the decree-holder against a decision of the Additional Subordinate Judge of Chapra, reversing a decision of the Munsif passed under Section 47, Civil P.C., on a petition objecting to execution of the decree.

(2.) The decree-holder brought a suit on the basis of a mortgage bond, and he impleaded as defendants the executant of the bond and his sons. The trial Court dismissed the suit as against the sons, holding that the claim was barred by limitation as against them. On appeal by the decree-holder, the first appellate Court dismissed the entire suit, but on second appeal to this Court it was pointed out that the lower appellate Court had failed to consider or notice an admission in the written statement of the executant, and the original Court was directed to pass a personal money decree against the executant for an amount which was to be ascertained by that Court, and the original Court having ascertained the amount passed a decree accordingly. That is the decree which it is now sought to execute.

(3.) The judgment-debtor has died, and the decree, holder has brought his sons on the record as his legal representatives and is seeking to execute his decree as against a share of the joint family property which would represent the share obtainable by the father, the original judgment-debtor, on a partition prior to his death.