RAM RANBIJAYA PRASAD SINGH Vs. PARMATMANAND SINGH

JUDGEMENT

(1.) The late Maharaja of Dumraon sued for recovery of possession of certain property and obtained a decree for recovery of possession and for costs of the suit. Subsequently the decree-holder died.

(2.) The estate is an impartible Raj governed by the rule of primogeniture, so that the decree-holder was succeeded by the elder of his two sons. The present Maharaja then applied for execution of the decree for costs. His application has been disallowed on two grounds.

(3.) The learned Subordinate Judge has held, in the first place, that the application cannot succeed without joining the brother of the present holder of the Raj and, secondly, that the application for execution must fail in the absence of a succession certificate.