1991 Supreme(Raj) 858
R.S.KEJRIWAL
Khem Raj – Appellant
Versus
Mohan Lal – Respondent
Advocates:
For the Petitioners:P.A. Gandevia, Advocate.
For the Non-Petitioner:G.K. Garg, Advocate.
JUDGMENT
1. - This revision has been directed against the order dated 14.1.1991, passed by learned M.J.M. 1st Class, Kekri, whereby the said Court rejected the execution application filed by the petitioners.
2. The brief relevant facts of revision are that Sarva Shri Khemraj and Nemichand as Managers and Proprietors of Hindu Undivided Family business of M/s Peerumal Khemraj, filed a suit for recovery of Rs. 4940/- with interest thereon in the court of M.J.M. Kekri. The suit was decreed on the basis of compromise on 7.12.1977 for a sum of Rs. 4500/- including costs of the suit. The plaintiffs were awarded interest in the sum of Rs. 111/-. The decretal amount was to-be paid by judgment-debtors in instalments. The judgment-debtors paid a few instalments and thereafter they did not pay the balance amount. Shri Khem Raj decree holder expired on 21.2.1982 and Shri Nemi Chand expired on 16.6.1981. Layer on the petitioners filed execution application for recovery of balance amount from the judgment-debtro. The judgment debtor raised on objection that as the petitioners have not obtained succession certificate and as such the execution application deserves to be dismissed. The objection of t
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