SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1990 Supreme(All) 694

R.A.SHARMA
CHHOTEY LAL – Appellant
Versus
DIST. JUDGE – Respondent


Advocates Appeared:
SUDHIR NARAIN AGARWAL

R. A. SHARMA, J.

( 1 ) SUIT filed by Sri Sita Ram for recovery of rent having been decreed, he filed an application for execution to execute the decree. It appears that execution proceedings were stayed by this Court and during the period of stay Sita Ram died. After stay order was vacated respondents Nos. 3 to 5, the widow and two sons of Sita Ram moved an application before the execution court for bringing their names on record in place of Sita Ram so as to enable them to continue the execution proceedings. Petitioner, who was defendant in the suit and is judgment-debtor, filed objection against the aforesaid application of the heirs and legal representatives of Sita Ram. Objection having been rejected, petitioner filed a revision before the learned District Judge, which has also been dismissed by order dated 28-8-1990. It is against these orders of the execution court and the learned District Judge that this writ petition has been filed.

( 2 ) LEARNED counsel for the petitioner has challenged the impugned orders on the grounds that (i) execution proceedings cannot be continued by heirs and legal representatives of deceased decree-holder unless succession certificate u/s. 214 of t






Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top