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DELHI HIGH COURT
C.HARI SHANKAR
Nanoo – Appellant
Versus
Vikas Sharma – Respondent
| Table of Content |
|---|
| 1. impleadment of legal representatives. (Para 1) |
| 2. arguments on the applicability of section 214. (Para 2 , 4 , 7) |
| 3. section 214 and its implications on impleadment. (Para 3 , 5 , 6) |
| 4. endorsement of the civil judge’s decision. (Para 9 , 10) |
| 5. dismissal of the petition. (Para 11 , 12) |
1. By order dated 28th July 2022, passed by the learned Civil Judge in CS 7867/2016 (Devi Ram Sharma v. Nanoo), the learned Civil Judge has allowed the impleadment application filed by the legal representatives of Devi Ram Sharma, who expired during the pendency of the proceedings in the suit.
2. Aggrieved thereby, Nanoo, the defendant in the suit, has approached this Court under Article 227 of the Constitution of India.
3. The case of the petitioner, in the present petition, is predicated on Section 214 of the Indian Succession Act, 1925, which reads thus:
"(1) No Court shall-
(a) pass a decree against a debtor of a deceased person for payment of his debt to a person claiming on succession to be entitled to the effect of the deceased person or to any part thereof, or
(b) proceed, upon an application of a person claiming to be so entitled, to execute against such
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