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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
SUBHASH VIDYARTHI
Kamla Verma – Appellant
Versus
Addl. Distt. Judge -Xii Lko. – Respondent
| Table of Content |
|---|
| 1. challenge to ex-parte judgment. (Para 2 , 6 , 14) |
| 2. impleadment of courts as parties criticized. (Para 4 , 5 , 9) |
| 3. proceeding with ex-parte suit against joint tenants. (Para 10 , 11 , 12) |
| 4. validity of ex-parte judgment against non-substituted tenants. (Para 13 , 18 , 20) |
| 5. substitution not necessary for ex-parte proceedings. (Para 15 , 16 , 17) |
| 6. joint tenancy rights of heirs. (Para 21 , 23) |
| 7. executing court's limitation to review prior judgments. (Para 25 , 26) |
JUDGMENT :
SUBHASH VIDYARTHI, J.
1. Heard Sri Jitendra Kumar Saxena, the learned counsel for the petitioners and perused the records.
2. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioners have challenged an ex-parte judgment and decree dated 16.09.2013, passed by learned Judge Small Causes Court, Lucknow in SCC Suit No.60 of 2012: Salil Kumar Rastogi Vs. Ram Bharose Verma (dead) through LRs. The petitioners had filed an application under Section 47 read with Section 151 C.P.C. raising objection against the application for execution of the ex-parte decree and the Judge Small Causes Court, Lucknow rejected this application by means of an order dated 22.03.2
A decree against a deceased tenant remains valid despite procedural objections; heirs inherit tenancy rights jointly without the need for individual notices post-substitution.
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Petitioner was having tenancy rights and accordingly, he raised objection before the Executing Court to decide his right of tenancy, therefore, it is necessary for him to produce certain documentary ....
Legal heirs of a deceased tenant inherit joint tenancy rights, and eviction decrees can be enforced against one joint tenant without needing all heirs to be party to the proceedings.
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