K.C. Agrawals, J. - (1.) Suit No. 9 of 1973 was filed by the State Bank of India, Rampur for recovery of Rs. 32,676.62 against Nawab Syed Murtaza Ali Khan of Rampur and his wife Begum Aftab Zamani in the court of the Additional District Judge I, Rampur. The suit was decreed on 19.1.1974 against the Nawab aforesaid but was dismissed against his wife Begum Aftab Zamani.
(2.) Syed Muilaza Ali Khan died in 1982. The State Bank of India filed an execution application on 28.8.1985. In column No. 9 it was stated: "9. Against whom execution sought J.D. No. 1." In column No. 10 of the applied' in it was stated that judgment-debtor No. 1 diet after the passing of the decree and that judgment-debtor No. 2 was one of his legal represented es and it was prayed that 3 bighas, out of plot No. 82 of agricultural land measuring 24 bighas, 13 biswas in village Shadinagar, Patti chotey, district Sadar Rampur might be attached and sold.
(3.) Begum Aftab Zamani filed objections. Among these objections, one of them as that as execution was sought against the heirs and legal representatives of the deceased, it was necessary that all the heirs were impleaded. The second ground was that the rule of primogeniture would apply to the present case, consequently, the execution was misconceived.;