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2000 Supreme(P&H) 748

SWATANTER KUMAR
Nand Singh – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioners:Mr. Hemant Gupta, Advocate.

ORDER

Swatanter Kumar, J. - Challenge in this revision is to the order dated 24.5.1982 passed by learned District Judge, Chandigarh.

Learned counsel appearing for the petitioners contends that the impugned order suffers from an error of jurisdiction as under the provisions of the Code of Civil Procedure, it is not mandatory for the petitioner to obtain succession certificate before the legal representatives of a deceased can be brought on record and permitted to execute an already instituted execution petition. For this purpose, he relies upon a judgment of Division Bench of this Court in the case titled as Inder Sain and another v. Man Singh Gujjar, AIR 1992 P&H 130.

2. Despite the fact that this petition has been on the regular Board of this Court since last week and has been called out repeatedly, nobody appears on behalf of the Union of India. Even today, nobody has put in appearance despite intimation being sent to the counsel for the Union of India. Resultantly, I would proceed to decide this case in absence of counsel for the respondents.

3. Though, as already noticed, the matter in issue in the present case is squarely covered by the judgment of this Court in the case of Inde




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