- (1.)THIS is a special appeal fay the judgment-debtor Ganeshmal against the order of a learned single Judge of this Court dated 26th July, 1961 dismissing his execution first appeal in limine.
(2.)THE facts giving rise to this appeal are as follows: one Raj Narain Mathur obtained a money decree for Rs. 37,086/15/-from the Court of Senior Civil Judge, Ajmer, on 29-4-60 against the present appellant Ganesh-mal. He took out execution of the said decree, but before it could be satisfied, he expired on 16-12-60. Thereafter an application under Section 146 read with Order 21, Rule 16 of the Code of civil Procedure was filed on 7-1-61 by his widow Smt. Anand Kanwar, his seven sons and two daughters and another similar application was filed by his remaining three daughters on 18/2/ 61 and therein it was prayed that they be substituted as the legal representatives of the deceased and they also be allowed to proceed with the execution petition filed by Rajnarain. These applications were opposed by the judgment-debtor on three grounds, but those objections were repelled by the executing court and it was ordered that the names of the twelve applicants be substituted in place of the deceased and that the execution proceedings would continue. Aggrieved by this order dated 8-4-61, the judgment-debtor filed an appeal, but it was summarily dismissed by the learned single Judge of this Court, as pointed out above, and hence this special appeal.
(3.)LEARNED counsel for the appellant has urged only one ground before us. It is contended by him that what was being executed by Raj Narain was admittedly a money decree and that his legal representatives could not proceed with the execution application filed by him after his demise, without obtaining a succession certificate because Section 214 (1) (b) of the Indian Succession Act, 1925 laid down a specific bar to that effect. In support of his argument, he has referred to tejraj Rajmal Marwadi v. Rampyari, AIR 1938 Nag 528; Shah Ramji tadha v. Hoti harisanii Versalji, AIR 1955 Kutch 6; Thoma Chacko v. Koshi Varghese, AIR 1956 tra-Co. 183 and P. L. Vasappa v. Siddama, AIR 1966 Mys 198.
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