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Gobardhan Sahi Vs. Mahabir Singh and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Judge
Reported in14Ind.Cas.506
AppellantGobardhan Sahi
RespondentMahabir Singh and ors.
Excerpt:
execution of decree - appeal--one respondent not properly represented--decree affirming lower court's decree--validity of decree--power of executing court. - .....a valid decree was not represented at the instance of the appellant in that case, is not, in our opinion, sufficient to render the decree of this court void and incapable of execution, and as that decree is not a void decree, the executing court has no power to go behind it. the result is that the appeal fails and is dismissed with costs.
Judgment:

1. An application by the decree-holders was put in for the execution of their decree. An objection was taken by the judgment-debtor that there was no valid decree which could be executed against him. The facts, as shown by the objection of the judgment-debtor, are the following:The decree-holders obtained a decree from the lower Appellate Court against the present appellant and other judgment-debtors. The latter preferred a second appeal to this Court. 'While the appeal was pending, the guardian ad litem of Sita Ram, one of the respondents, died. No application was made by the judgment-debtor, appellant in that case, to have another guardian ad litem appointed to represent the minor decree-holder, Sita Ram, This Court dismissed the appeal of the judgment debtor in that case and affirmed the decree of the lower Appellate Court. The present appellant was one of (he original judgment-debtors and a pro form a respondent in that appeal. Under these circumstances, the mere fact that one of the respondents in whose favour there was a valid decree was not represented at the instance of the appellant in that case, is not, in our opinion, sufficient to render the decree of this Court void and incapable of execution, and as that decree is not a void decree, the executing Court has no power to go behind it. The result is that the appeal fails and is dismissed with costs.


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