Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
PANKAJ JAIN
Balwinder Kaur – Appellant
Versus
Balpreet Singh – Respondent
JUDGMENT :
Pankaj Jain, J.
By way of present order, I intend to dispose off two revision petitions directed against order dated 19.12.2013 passed by Executing Court whereby applications filed by Balwinder Kaur and Jaspal Kaur & Milanveer Singh, under Order I Rule 10 CPC read with Section 151 CPC seeking impleadment, have been decided.
2. The issue relates to execution of a decree of specific performance in a suit instituted at the behest of one Gursharan Singh. Suit filed by Gursharan Singh was decreed by this Court in RSA No.1118 of 1999 vide judgment dated 11.08.2009. During the pendency of the Regular Second Appeal, Gursharan Singh died on 09.06.2004. His daughter Deep Shikha was impleaded as his legal heir. Deepshikha was represented through special power of attorney namely Jaswinder Singh. Execution has been filed by Balpreet Singh and Johnpreet Singh, who claim themselves to be assignees of the decree under Deepshikha daughter and LR of decree holder Gursharan Singh.
4. During the pendency of the execution, two sets of applications were filed seeking impleadment as legal heirs of decree-holder. One application was filed by Balwinder Kaur sister of Gursharan Singh, who claimed to
Determination of legal representatives under Order 22, Rule 5 CPC is limited to ongoing proceedings and does not confer property rights among rival claimants.
Legal heirs of a deceased decree holder can be impleaded in execution proceedings at any time; execution petitions do not abate upon the death of the decree holder.
Legal representatives of deceased judgment debtors must be impleaded in execution proceedings as prescribed by Section 50 of the Civil Procedure Code, mandating compliance with prior court opinions.
The determination of legal representatives under Order XXII Rule 5 is a summary inquiry focused on representation in the suit, not on resolving inheritance rights.
Order 21 Rule 15 of C.P.C. allows any person entitled to benefit from a joint decree to apply for execution, even if not all legal heirs are included in the petition.
Point of Law : Code of Civil Procedure enjoins various provisions only for the purpose of avoiding multiplicity of proceedings and for adjudicating of related disputes in the same proceedings, the pa....
Legal representation in appeals must be determined through proper inquiry and evidence, not conjecture, as mandated by procedural law.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
