( 1 ) A. Rangappa obtained a money decree against the respondent and he also filed E. P. No. 50/83 to execute the decree. Pending execution, he died on 13-11-1983 intestate leaving behind him, his son the first petitioner, his widow the 2nd petitioner and three daughters, petitioners Nos. 3 to 5. They filed E. A. No. 46/84 under O. 22, R. 3. C. P. C. to bring them on record as legal representatives, so as to enable them to proceed with the execution of the decree. The court below dismissed the application holding that they did not obtain succession certificate and under S. 214 (1) (b) of the Indian Succession Act, 1925, for short the act placing reliance on a decision reported in S. Rajyalakshmi v. S. Sitamahalakshmi, AIR 1976 Andh Pra 361. Hence this revision.

( 2 ) SRI Suryanarayana, learned counsel for the respondent while supporting the order passed by the court below contends that the respondent is entitled to protect himself from resisting the application in the absence of any succession certificate granted by a competent court declaring the persons to be entitled to the debt in execution. Such succession certificate not having been filed the petitioners ar