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1970 Supreme(Mad) 394

RAMANUJAM
Ramanatha Reddy – Appellant
Versus
K. V. Kuppuswami Mudaliar – Respondent


Advocates:
K. Chandramouli, for Appellant; S. Balasubramaniam, for D.V. Sivagnanam, for Respondents.

Judgement

JUDGMENT :- The only point that arises in this appeal is as to whether the legal representatives of the deceased decree-holder can continue the Execution Petition filed by him without a succession certificate. One Natesa Mudaliar obtained a decree against the appellant herein in O. S. 128 of 1964 and he filed E. P. 118 of 1965 in Sub-Court, Vellore. During the pendency of the said E. P., the said Natesa Mudaliar died and his widow, sons and daughters filed E. A. 364 of 1969 for impleading themselves as his legal representatives and to continue the E. P. further. The appellant-judgment-debtor raised the objection that the legal representatives cannot be allowed to continue the E. P. without production of a succession certificate. This objection was overruled by the executing Court, and the respondents herein were brought on record as the legal representatives of the deceased decree-holder and the execution was allowed to proceed. The matter was taken in appeal to the District Court, North Arcot and the appellate Judge also held that no succession certificate was necessary to continue the E. P. filed by the deceased decree-holder. The question is whether the view taken by th









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