Section 214 (1) (b) of the Indian Succession Act does not apply to the continuance of an execution petition by the legal representatives of the decree-holder.

( 1 ) THE problem that calls for solution in this C. M. S. A. which has been referred to a Bench because of divergence of judicial opinion, is whether the continuant of an execution petition filed by the decree-holder himself, by his legal representatives is hit at by Section 214 (1) (b) of the Indian Succession Act (XXXIX of 1925 ).

( 2 ) THE circumstances which have given rise to this appeal are these. One Venkatanarasinga Rao obtained a decree in O. S. No. 43 of 1955 against the appellant-judgment-debtor on the file of the District Munsifs Court. Kavali, and it was transferred to the District Munsifs Court, Goofy for execution. Shortly thereafter, the decree-holder died and the present respondents applied to come on record as his legal representatives and continue the proceedings and the petition was ordered. When execution was proceeding, an objection was taken by the judgment-debtor, the appellant, that it was not competent for the legal representatives of the decree-holder to continue the proceedings without production of a succession certificate, as the matter falls under section 6 of the Hindu Succession Act and Section 214 (1) (b) of the Indian Succession Act. This opposite was overruled by the trial Court in the view that Section 214 of the Indian Succession Act was inapplicable to the case of continuance of an execution petition and that that section would be attracted only to a case of initiation of execution proceedings by the legal representatives of the decree-holder.

( 3 ) THIS was confirmed on appeal by the District Judge, Anantapur. In support of this conclusion, the learned District Judge placed reliance on Raghubir Narain Singh v. Raj Rajeshwari Prasad Singh AIR 1957 Pat 435. In the result, the appeal was dismissed.

( 4 ) DISSATISFIED with this decision, the judgment-debtor carried the matter in appeal to this Court. When it came on for hearing before our learned brother, Qamar Hasan J. , he referred it to a Bench as there was conflict of opinion between the Patna High Court on the one hand and the High Courts of Nagpur, Travan-core-Cochin and Kutch on the other.

( 5 ) IN support of this appeal, it is urged by Sri Krishnaiah learned counsel for the appellant, that Section 214 of the Indian Succession Act governs even the continuance of an execution petition and that the view taken by the Nagpur High Court in Tejraj Rajmal v. Rampyari, AIR 1938 Nag 528 followed by the High Courts of Travancore-Cochin and Kutch in T. Chacko v. K-Varghese AIR 1956 Trav-Co, 183 and Ramji Ladha v. Harisangji AIR 1955 Kutch 6 embodies the sound principle of law. The question for consideration is, which of the two views is correct.

( 6 ) AS the answer to this point turns upon the Interpretation of Section 214 (1) (b) of the Indian Succession Act, it is profitable to extract it here-"no Court shall -- xxxxxxxx (b) proceed upon an application of a person claiming to be so entitled to execute against such a debtor a decree or order for the payment of his debt, except, on the production, by the person so claiming, of - (i) a probate or letters of administration evidencing the grant to him of administration to the estate of the deceased; or (ii) a certificate granted under Section 31 or Section 32 of the Administrator-Generals Act, 1913, and having the debt mentioned therein, or (iii) a succession certificate granted under Part X and having the debt specified therein, or (iv) a certificate granted under the Succession Certificate Act, 1889, or (v) a certificate granted under Bombay Regulation No. VIII of 1827 and if granted after the first day of May, 1689, having the debt specified therein. "

( 7 ) IT is manifest from the language of Section 214 (1) (b) that it is only an application for execution filed by a person that comes within the prohibition enacted In Section 214 (1) (b ). Could it be predicated that a person, who seeks to come on record as the legal representative of a decree-holder for the purpose of continuing t