TYAGI, J.—This is judgment-debtors execution first appeal against the order of the Additional District Judge No. 1 Jaipur City, and it arises out of the following circumstances:

A decree in a mortgage suit was awarded in Civil Suit No. 9 of 1967 in favour of the decree-holders. The decree-holder took out execution proceedings and the executing court ordered for the sale of the mortgaged property. The sale proclamation was settled, but before the property could actually be put to auction, one of the decree-holders, namely, Surendra Kumar Sethi died on 30th of October, 1973. An application was moved by the heirs of deceased Surendra Kumar Sethi to bring them on record. The judgment-debtor objected to this application, inter alia, on the ground that the execution cannot continue unless a succession certificate was obtained by the legal representatives of the deceased decree-holder under sec. 214 of the Indian Succession Act. The surviving decree-holders, however-applied on 5th of January, 1974, that they had a right to continue the execution proceedings even without bringing on record the legal representatives of the deceased decree-holder and the bar put by sec. 214 of the Indian Succ

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