Harnam Singh, J. - (1.) IN order to appreciate the point arising in Execution Second Appeal No. 47 of 1951, the facts must be get out in some detail.
(2.) ON 17 -5 -1934, the trial Court decreed with costs the claim of the Peoples Bank of Northern India Limited for Rs. 2,464 against Shri Rajkumar Singh. The Peoples Bank of Northern India Limited went into liquidation and the Co -operative Insurance Company Limited being the assignee decree -holder, is executing that decree in the Court of the Senior Subordinate Judge, Kangra, at Dharamsala. Indeed the decree has been sent for execution to the Court executing the decree under Section 39, Civil P.C., 1908. 3a. In the execution proceedings Shrimati Rajkumari, legal representative of Shri Rajkumar Singh, objected to the execution of the decree on the ground that the decree was a nullity having been passed against Shri Rajkumar Singh after his death which took place on 4 -5 -1934.
(3.) IN deciding the case the executing Court found that it was proved that Shri Rajkumar Singh, judgment debtor, died before the decree sought to be executed was passed against him and that being so the decree in question was a nullity and inexecutable. The executing Court then found that the Court executing the decree sent to it has the same powers in executing such decree as if it had been passed by itself. In other words the executing Court found that the objection that the decree was a nullity could be entertained by the transferee Court.;