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P.R. Panduranga Chettiar Vs. Ezumalai and Kannan Alias Anna Stores Represented by Ezumalai and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai High Court
Decided On
Reported in(1982)1MLJ333
AppellantP.R. Panduranga Chettiar
RespondentEzumalai and Kannan Alias Anna Stores Represented by Ezumalai and ors.
Cases ReferredSwaminatha Ayyar v. Vaidyanatha Sastri
Excerpt:
- - section 50 of the code of civil procedure, clearly states that in case where a judgment-debtor dies before the decree has been fully satisfied, the holder of the decree is entitled to apply to the court which passed the decree to execute the same against the legal representative of the deceased......in g. no. 20832, dated 12th november 1979, filed by the decree-holder seeking to implead the legal representatives of the judgment-debtor (2nd defendant) who died pending the execution of the decree. it seems the decree had been transferred from the district munsif court, vellore to the district munsif court. arni and it has to be noted that this is 12 years application. on the death of the second defendant, the decree-holder filed an application for impleading the legal representatives before the district munsif court, arni in o.e.a. no. 22 of 1979 in o.e.p. no. 525 of 1973. the learned district munsif, arni, seems to have passed an order stating that the court, which passed the decree, could alone implead the legal representatives and dismissed the said application. consequent on.....
Judgment:
ORDER

R. Sengottuvelan, J.

1. This revision petition is filed against the order of the District Munsif, Vellore, passed in G. No. 20832, dated 12th November 1979, filed by the decree-holder seeking to implead the legal representatives of the judgment-debtor (2nd defendant) who died pending the execution of the decree. It seems the decree had been transferred from the District Munsif Court, Vellore to the District Munsif Court. Arni and it has to be noted that this is 12 years application. On the death of the second defendant, the decree-holder filed an application for impleading the legal representatives before the District Munsif Court, Arni in O.E.A. No. 22 of 1979 in O.E.P. No. 525 of 1973. The learned District Munsif, Arni, seems to have passed an order stating that the Court, which passed the decree, could alone implead the legal representatives and dismissed the said application. Consequent on the said order, the decree-holder filed an application before the District Munsif, Vellore who passed the decree, for impleading the legal representatives. The learned District Munsif, Vellore, dismissed the application on the ground that the execution petition is pending before the District Munsif Court, Arni.

2. The order of the learned District Munsif Vellore is incorrect. Section 50 of the Code of Civil Procedure, clearly states that in case where a judgment-debtor dies before the decree has been fully satisfied, the holder of the decree is entitled to apply to the Court which passed the decree to execute the same against the legal representative of the deceased. In a case reported in Swaminatha Ayyar v. Vaidyanatha Sastri ILR(1905) Mad. 466 : 15 M.L.J. 116, this Court laid down that in a case where the decree had been transferred to some other Court, the Court that passed the decree has got jurisdiction to implead the legal representatives. Therefore, the order of the learned District Munsif, Vellore is set aside and he is directed to implead the legal representatives of the second defendant.

3. In the result, the civil revision petition is allowed. There will be no order as to costs.


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