ITHACK ISAAC Vs. KRISHNA KURUP KRISHNA KURUP
HIGH COURT OF KERALA
KRISHNA KURUP KRISHNA KURUP
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(1.) The 3rd plaintiff in O.S. No.148 of 1096 of the District Court of Kottayam assigned his rights under that decree to the appellant on 5th Dhanu 1120 and they filed a joint petition for execution on 1st Thulam 1122 on the basis of the said assignment. The 3rd plaintiff died thereafter and respondents 1 to 4 (members of his tarwad) filed an application - C.M.P. No. 505 dated 26th Chingam 1124 - before the District Court of Mavelikara where the decree was pending execution for being impleaded as the representatives of the 3rd plaintiff. That application was allowed and hence this appeal.
(2.) The contention of respondents 1 to 4 is that the rights of the 3rd plaintiff under the decree in O.S. No. 148 of 1096 were really those of his tarwad and that under S.47 of the Code of Civil Procedure, 1908, they are entitled (and bound) to have the matter agitated in the execution proceedings themselves and not by way of a separate suit.
(3.) We cannot agree. In view of the assignment in favour of the appellant and the joint application filed thereafter we do not see any reason whatsoever for bringing respondents 1 to 4 on record in these proceedings. Whatever contentions they have can and should be agitated by way of a separate suit and not in the manner they have proposed to do.;
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