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1985 Supreme(All) 132

B.D.AGRAWAL
BUDH SINGH – Appellant
Versus
8th ADDL. DIST. JUDGE, MEERUT – Respondent


Advocates Appeared:
B.D.TRIPATHI

B. D. AGRAWAL, J.

( 1 ) HEARD counsel.

( 2 ) THE sole decree-holder died on Feb. 22, 1979. The legal representatives of the deceased decree-holder made an application on Sept. 8, 1983, for being permitted to proceed with the execution which had been filed and registered in the year 1969. For the petitioners it is contended that in the absence of provision for limitation in respect of such application contained in O. 22, Civil Procedure Code, Art. 137 of the Schedule to the Limitation Act, 1963, should be taken as applicable and hence the application by the legal representatives could be made only within three years and not beyond the same. I am unable to agree.

( 3 ) UPON reference to O. 22, R. 12, C. P. C. it will appear that according to that provision nothing in Rr. 3, 4 and 8 shall apply to proceedings in execution of a decree or order. This means, in other words, that in relation to execution, the legal representatives are not called upon to seek substitution upon the death of the decree-holder or the judgment-debtor, as the case may be. Were, as in this case, the decree-holder dies it is open to the legal representatives claiming interest in the estate of the deceased or as be




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