G. B. PATNAIK, J.

( 1 ) IN this civil revision an interesting and important question, of law arises for consideration with regard to interpretation of Section 214 (1) (b) of the Succession Act, 1925 particularly in view of the fact that the High Courts in India are evenly divided and there is no decision on the point either of this Court or of the Supreme Court. The question of law which arises for consideration is whether on the death of the original decree-holder in an execution proceeding, the legal heirs can continue the proceeding without being required to produce a succession certificate or production of a succession certificate is condition precedent for continuance of the execution proceeding. The decision on this point is dependent on the interpretation of Section 214 of the Succession Act. The said provision is quoted herein below in extenso :-

"section 214 Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons:- (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 effects of the deceased person or