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1991 Supreme(P&H) 793

A.L.BAHRI, HARJIT SINGH BEDI
Inder Sain – Appellant
Versus
Man Singh Gujjar – Respondent


Judgment

A.L.BAHRI, J.

1. In view of the importance of the questions involved in this case, the civil revision was admitted to D. B.

2. Banwari Lal filed a suit for recovery of Rs. 11,000.00 against Man Singh. During the pendency of the suit he died on 1-3-1977. His legal representatives were brought on the record as plaintiffs on 30-6-1977. Ultimately the suit was decreed on 31-1-1978. The decree has become final as no appeal was filed against the same. On 27-2-1978, the decree-holders Inder Sain and another filed execution. It was dismissed on the ground that they had not obtained succession certificate on the death of Banwari Lal with respect to debts for which the suit was filed. After obtaining the necessary certificate Inder Sain and another again filed execution application on 22-1-1984. The judgment-debtor, Man Singh, raised objections which were disposed of by the impugned order by the executing Court on 31-8-198. The objections were allowed and the execution application was dismissed on the ground inter alia holding that the succession certificate was procured after expiry of limitation of three years, from the date of death of Banwari Lal.

3. Learned counsel for the petit













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