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2001 Supreme(AP) 1188

P.S.NARAYANA
Immadi Laxmi – Appellant
Versus
Sreyabhilashi Chit Funds, Khammam – Respondent


P. S. NARAYANA, J.

( 1 ) HEARD Sr. C. B. Ram Mohan Reddy, learned Counsel for the petitioner and sri Surappa Naidu, the amicus curiae appointed by the Court.

( 2 ) PERUSED the material on record.

( 3 ) THE revision petitioner-Judgment debtor No. 5 aggrieved by the order dated 7-12-2000 made in E. A. No. 575 of 2000 in e. P. NO. 396 of 2000 in O. S. No. 557 of 1997 on the file of the Principal Junior Civil Judge, khammam had preferred the present revision petition. She filed the E. A. under section 47 of the C. P. C. to declare the execution proceedings against her, who is the wife of defendant No. 4 in the suit, as void since the said defendant No. 4 died even during the pendency of the suit and none of the legal representatives are brought on record. The Court below had passed the following order dt. 7-12-2000. "it is urged that knowingly or unknowingly a decree was passed against dead person judgment debtor no. 4 by this Court in O. S. No. 557 of 1997 on 8-2-1999 and as a decree against the dead man is nullity, the E. P. proceedings can be declared null and void. Counter was filed opposing the e. A. stating that J. Dr. No. 4 died on 10-4-1998 whereas this Court passed the decree o





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