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1982 Supreme(P&H) 38

J.M.TANDON
K. L. Bawa (Deceased By L. R. ) – Appellant
Versus
Basant Textiles, Abu Lane, Meerut – Respondent


Judgment

1. Messrs Basant Textiles. Abu Lane, Meerut (respondent) obtained a decree for the recovery of Rs. 23,363.05 against K.L. Bawa (petitioner) now deceased and represented by his widow Jagdish Rani from the Court of Ist Civil Judge, Meerut, on Mar. 12, 1977. The decree was transferred to the District Judge, Chandigarh, for execution purposes. In the execution proceedings, house No.70, Sector 18-A, Chandigarh, belonging to the judgement-debtor was attached. The judgement-debtor filed objections against attachment u/s.47, Civil Procedure Code, claiming the protection of cl. (ccc) under proviso to sub-sec.(1) of S.60, Civil P.C. The objection petition was dismissed by the executing Court vide order dt. Sept. 29, 1930, against which the present revision is directed.

2. The judgement-debtor died on Oct. 14, 1981. His widow Jagdish Rani has been allowed to be impleaded as his legal representative in C.M. No.63-CII of 1982.

3. The learned counsel for the respondent has argued that as a result of the death of the judgement-debtor on Oct. 14, 1981, the revision petition stands rendered infructuous. The contention of the learned counsel must prevail.

4. Cl. (ccc) to proviso to sub-sec.(







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