dated January 22, 2009 has dismissed the application on the ground that they are required to obtain a succession certificate for executing the award passed in favour of their predecessor-in-interest, though Volume 2 of Punjab and Haryana High Court Rules and Orders, Chapter VI Part B Para 3 lays down that a Civil Court is prohibited from executing a decree in a suit by or upon the application of a person claiming to be entitled to recover a debt or decree in favour of any person deceased, without the production of a probate or letter of administration, or a succession certificate granted under the Succession Certificate Act, 1889, or the Indian Succession Act but the said rules has been interpreted by a Division Bench of this Court in Inder Sain and another Vs. Man Singh Gujjar , AIR 1992 P&H 130 which was followed in Nand Singh Vs. Union of India , 2001 (2) CCC 560 holding that there is no requirement of obtaining succession certificate to enable the LRs of the deceased the party to a suit to be substituted as such and that the decree holders are fully entitled to file an application for execution of the decree. In Nand Singh’s case (supra) it was argued before the Single Bench that under Order 22 Rule 5 CPC, legislature has imposed an obligation upon the Court to determine as to who is the legal representatives of the deceased in a suit or execution. The lower Court seems to have distinguished the ratio of the judgments passed in Inder Sain’s case (supra) and Nand Singh’s case (supra) on the ground that the predecessor-ininterest of the petitioners had already died prior to the filing of execution application.
