Arun Bhansali, J. - (1.) THIS writ petition is directed against the order dated 16.3.2011 passed by the trial court, whereby the application filed by the petitioner under Section 151 CPC has been rejected by the executing court.
(2.) THE facts in brief may be noticed thus: the respondent No. 1 Prem Chand filed a suit against Vishnu Dutt for specific performance of contract dated 16.7.1973. The suit was decreed vide judgment and decree dated 26.7.1994, whereafter the execution was laid by decree -holder Prem Chand and during pendency of the said execution proceedings, an application under Order XXI, Rule 32 CPC was filed by the decree -holder, seeking possession of the suit property from either (a) -the legal representatives of Brij Lal -the mortgagee, Smt. Ganeshi Devi and Smt. Najo Bai, sub -mortgagees and (b) -the legal representatives of Chunni Lal -the tenant at the time of agreement to sale. The notice of the application was inter -alia issued to Smt. Ganeshi Devi, who on appearance filed objection under Order XXI, Rule 97 CPC to the execution proceedings. During pendency of the proceedings, Smt. Ganeshi Devi expired on 4.10.2009 and on account of the said death, the executing court by its order dated 9.2.2010 noticed that as objector Smt. Ganeshi Devi has died on 4.10.2009 and no one else has appeared on her behalf, the application has been rendered infructuous.
(3.) THEREAFTER , the present petitioner filed application under Section 151 CPC inter -alia with the averments that notice under Order XXI, Rule 32 CPC was issued to Smt. Ganeshi Devi and objections under Order XXI, Rule 97 CPC were filed by her on 1.4.2006, despite death of the said Smt. Ganeshi Devi, no steps have been taken for bringing her legal representatives on record, provisions of Order XXII CPC are not applicable to execution; Smt. Ganeshi Devi had executed will in favour of applicant -Smt. Kanta in relation to the suit property and therefore, the order dated 9.2.2010 passed by the court deserves to be recalled and instead of Smt. Ganeshi Devi, Smt. Kanta -applicant be impleaded as party.;