CHONGTHAM ONGBI PISHAK DEVI AND ORS. Vs. CHANDAM IBO SINGH AND ORS.

JUDGEMENT

(1.) This Revision is directed against the order dated 8.12.2009 passed by the learned Civil Judge, Sr. Divn.I Manipur East in Execution Case No.6 of 2008 arising out of OS No.66 of 1989. The judgment debtors in the said Execution Case are the petitioners before this Court.

(2.) The respondents-1 and 2 had filed the Original Suit for a declaration that they are the owners of the suit land measuring .14 acre and the respondent Nos-1 and 2 as well as the defendant Nos-8 to 12 in the suit also inherited the suit land described in the schedule-A as coowners. A further prayer was made to evict the present judgment debtors/defendants Nos- 1 and 2 from the suit land described in the schedule-A by demolishing the structures. The suit was decreed in May,1996. During pendency of the suit, defendant No.9, namely Khundom Meino Singh, expired and his legal heirs were substituted. However, in the cause title the office did not make any correction as a result of which in the decree name of late Khundom Meino Singh continued as defendant No.9. The said judgment of the learned Civil Judge was challenged in appeal by the judgment debtors and the appeal was allowed. The decree passed by the learned Civil Judge was set aside. The plaintiff/decree holders challenged the first appellate court judgment in the Second Appeal No.4 of 1999. The High Court allowed the Second Appeal solely on the ground that the lower appellate court had passed the decree against a dead person, i.e. defendant No.9 in the suit and accordingly held that the first lower appellate court decree is a nullity. After disposal of the Second Appeal, the present execution case was levied for execution of the decree passed by the trial court.

(3.) In the said Execution Case the judgment debtors, who are petitioners before this Court, filed an objection stating therein that the decree is not an executable having been passed against a dead person. It was also contended before the executing court that at the stage of execution, the executing court cannot go beyond the decree and make any correction in the judgment of the trial court sought to be executed in the Execution Case.