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2000 Supreme(P&H) 758

SWATANTER KUMAR
Darka Daughter Of Prem Raj – Appellant
Versus
Hardewa – Respondent


Judgment

Swatanter Kumar, J.

1. This case has been on the regular Board of this court since last week. Learned counsel for the respondent has not appeared despite repeated calls. Resultantly, this court has no option but to proceed with the hearing of the matter.

2. I have heard the learned counsel for the petitioner at some length.

3. Challenge in this revision is to the order dated 18.4.1983, vide which execution petition filed by the present petitioner was dismissed, as she had failed to obtain a succession certificate prior to the institution of the execution petition.

4. Undisputed facts are that the suit for recovery of Rs. 14,000/- was instituted by Gaja Nand against Hardewa. During the pendency of the suit Gaja Nand is stated to have died and Darka was brought on record, as decree was passed on 2.7.1981. Thereafter the defendant filed an appeal, which resulted in passing of a compromising order dated 7.9.1981 between Hardewa and Darka. As per the compromise decree, if the defendant pays a total sum of Rs. 11,200/- and costs of the suit, as assessed by the learned trial court, on or before 30.6.1982, the decree would stand fully satisfied. As the said compromise was not adher





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