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1980 Supreme(Ker) 223

G.VISWANATHA.IYER
M. C. Sreedharan – Appellant
Versus
Pattieri Kumaran – Respondent


Advocates:
T.S. Viswantha Iyer, P.S. Narayanan and K.S. Menon, for Petitioner; V.P. Mohankumar, for Respondent.
Judgement

ORDER:-

The judgment-debtor is the revision petitioner. The application filed by one of the two joint decree-holders to revive an earlier execution has been allowed by the lower court by the order challenged in this revision petition. Two brothers obtained a simple money decree against the petitioner on 22-8-1966. Both the decree-holders jointly filed an application to execute the decree and applied for attachment of the assets of the judgment-debtor. The attachment was allowed, but a claim petition filed by a stranger was allowed and the attachment was raised. Consequently the decree-holders filed a suit under O. XXL R.63, C.P.C. to set aside that claim order. That suit was allowed. The appeal filed by the claimants as A.S. 21 of 1973 was also dismissed on 31-10-1975. In the meanwhile the second decree-holder died. Thereafter the first decree-holder filed an execution petition on 29-10-1977 (numbered as E. P. 31 of 1978) to revive the execution application E. P. 257 of 1969 earlier dismissed on allowing the claim petition. In that application the first decree-holder contended that he is the legal representative of the deceased second decree-holder and he is entitled to proceed wit







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