( 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.