execution proceeding does not abate on death of DH or JD
the normal principle arising in a suit -
Before the decree is passed - that the legal representatives
are to be brought on record within a particular period and
if not, the suit could abate, - is not applicable to cases
of death of the decree holder or the judgment debtor in
execution proceedings.
PETITIONER:
V.UTHIRAPATHI
Vs.
RESPONDENT:
ASHRAB ALI & ORS.
DATE OF JUDGMENT: 18/02/1998
BENCH:
S. SAGHIR AHMAD, M. JAGANNADHA RAO.
We are disposing of this SLP by a reasoned order at the
stage of admission, after condoning the delay. The SLP is
preferred by the tenant against the order of the High Court
of Madras in CRP 2272 of 1997 dated 19.9.1997 and the order
dismissing the Review application No. 104 of 1997 dated
12.11.1997. The matter arises in execution proceedings under
https://www.lawweb.in/2012/08/execution-proceeding-does-not-abate-on.html
Before the decree is passed - that the legal representatives
are to be brought on record within a particular period and
if not, the suit could abate, - is not applicable to cases
of death of the decree holder or the judgment debtor in
execution proceedings.
PETITIONER:
V.UTHIRAPATHI
Vs.
RESPONDENT:
ASHRAB ALI & ORS.
DATE OF JUDGMENT: 18/02/1998
BENCH:
S. SAGHIR AHMAD, M. JAGANNADHA RAO.
We are disposing of this SLP by a reasoned order at the
stage of admission, after condoning the delay. The SLP is
preferred by the tenant against the order of the High Court
of Madras in CRP 2272 of 1997 dated 19.9.1997 and the order
dismissing the Review application No. 104 of 1997 dated
12.11.1997. The matter arises in execution proceedings under
https://www.lawweb.in/2012/08/execution-proceeding-does-not-abate-on.html
