MATHU RAWTHER S/O ATHAR RAWTHER Vs. SREEKRISHNA BANK
LAWS(KER)-1963-3-28
HIGH COURT OF KERALA
Decided on March 12,1963

MATHU RAWTHER, ATHAR RAWTHER Appellant
VERSUS
SREEKRISHNA BANK Respondents




JUDGEMENT

- (1.)The legal representatives of the deceased judgment debtor, viz., respondents 1 and 2 in E. A. 812/1960 in S. C. S. 865/1955 on the file of the Munsiff's Court, Palghat, are the revision petitioners. This revision is directed against an order of the court below impleading the petitioners and the 2nd respondent in the civil revision petition as the legal representatives of the deceased judgment debtor. The 1st respondent had obtained a decree against one Abdul Razack Rowther on 28-11-1955. He died on 24-11-1956. The decree holder filed E. P. N. 546 of 1957 on 17-7-1957 praying for the arrest of the judgment debtor. Notice of that application was returned with the report that the judgment debtor was dead, but no attempt was made to implead his legal representatives. Therefore that E. P. was dismissed on 12-8-1957. The decree holder then filed E. A. 812/1960 on 15-7-1960 against some of the legal representatives of the judgment debtor praying for transfer of the decree to the original side so as to enable him to take out execution against immovable properties of the deceased. The revision petitioners contended that the execution application was barred by limitation, that the prior E. P No. 543/57 was not a step in aid of execution, that the factum of the death of the judgment debtor was known to the decree holder at that time and that all the legal representatives were not impleaded.
(2.)The lower court repelled these contentions and allowed the decree holder to proceed with E. A. 812 of 1950. It is this order that is challenged in this revision petition.
(3.)When the petition came on for hearing before one of us, it was referred to a Division Bench as the decisions governing the question are not uniform.
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