JUDGMENT :- The question of law which arises for decision in this appeal is whether the legal heir of a decree-holder who filed the execution application can on the latter's death continue those proceedings after being substituted or is it essential for him to obtain a succession certificate. The answer to this question would depend on the interpretation of Section 214(1)(b) of the Indian Succession Act.

2. One Narain Das obtained a decree (No.648 of 1964) against Vishwanath Prasad respondent on the basis of a pronote. On 8-8-1961 the decree-holder himself put the decree in execution. He, however, died on 18-11-1961. On 31-1-1962 the present appellant namely Sri Nath Khandelwal applied that his name be substituted in place of the decree-holder and the execution be continued as he was the legal representative and legatee of the deceased by virtue of a will dated 6-5-1959 executed by the deceased. The judgment-debtor did not file any objection and, therefore, the appellant was substituted in place of the deceased decree-holder. Thereafter on 10-5-1962 the judgment-debtor, however, filed an objection under Section 47 of the Code of Civil Procedure stating that Sri Nath Khandelwal was n

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