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2007 Supreme(AP) 987

G.YETHIRAJULU
Bandaru Srinivasa Rao – Appellant
Versus
Sreyobhilashi Chit Funds, Wyra, Kharnmam District – Respondent


Advocates:
Advocate Appeared:
Mummaneni Srinivasa Rao

ORDER :-

This civil revision petition has been filed by the fourth judgment-debtor/revision petitioner, who is the legal representative of the third judgment-debtor, in E.P. No.707 of 2002 in O.S. No.563 of 1996 on the file of the Principal Junior Civil Judge, Khammam.

2. The decree holder obtained a decree against the judgment-debtors 1 to 3 during his lifetime. After obtaining the decree, the third judgment-debtor by name Bandari Harinadha Bhaskar Rao died and therefore, his son was brought on record as legal representative. The execution petition was filed for attachment of the salary of the fourth judgment-debtor, who is legal representative of the third judgment/debtor. The trial Court ordered attachment of the salary of the fourth judgment-debtor holding that since the fourth judgment/debtor inherited the job of his father on compassionate grounds, it was treated as the property of his father. Therefore, the property is liable for attachment.

3. In this connection, the learned Counsel for the revision petitioner/fourth judgment-debtor submitted that Section 50(2) CPC speaks about the liability of the legal representatives of the deceased and the liability is on the fourth judgm







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