Decided on May 01,2013

Shoorveer Singh Appellant
HEERA SINGH Respondents


Prafulla C. Pant, J. - (1.) HEARD .
(2.) THIS revision is directed against the order dated 21.10.2008, passed by District Judge Uttarkashi in Execution Case No. 04 of 2004, whereby said court has rejected the objections under section 47 of Code of Civil Procedure, 1908, filed by the present revisionist, and directed the attachment of the Plot No. 1080 and the house standing thereon. Brief facts of the case are that respondent No. 1 Hira Sing filed a suit (Civil Suit No. 19 of 2002) for recovery of money against one Naunihal Singh (defendant) which was decreed by the trial court vide judgment and decree dated 30.10.2004. The First Appeal No. 82 of 2004 was filed by defendant Naunihal Singh (since died) in the High Court, but said appeal was dismissed by this Court vide its order dated 12.09.2007. Thereafter, execution proceedings started before District Judge Uttarkashi, in the form of Execution Case No. 04 of 2004. Due to the death of original defendant Naunihal Singh, the present revisionist Shoorveer Singh, the respondent No. 2 to 4 who are children of original defendant (since died), and respondent No. 5 Kusuma Devi is the widow of the deceased defendant were impleaded as legal representatives of the judgment debtor.
(3.) IT is not denied by the revisionist that the revisionist and respondent No. 2 to 5 are legal representatives of the deceased judgment debtor (defendant Naunihal Singh). What has been pleaded before this Court by the revisionist is that only the property which came in the share of the revisionist, who is only one of the sons of the deceased judgment debtor has been directed to be attached by the executing court leaving the other legal representatives untouched. It is contended by learned counsel for the revisionist that all the legal representatives should have been made liable to pay the decretal amount in the proportion they received the property of the de ceased judgment debtor.;

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