Revision petition challenging the impleadment of legal heirs of a deceased transferee in execution proceedings. Held that heirs could be brought on record as the application was pending.
Revision petition dismissed, order bringing legal heirs on record remains operative.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.R. No. 925 of 2009 (O&M)
Date of Decision: 20.2.2009
S. Jagat Singh and another
... .Petitioners
Versus
S. Surjit Singh
... Respondent
CORAM : Hon'ble Mr. Justice Rajesh Bindal
Present:Mr. H.K. Aurora, Advocate for the petitioners.
RAJESH BINDAL J
The challenge in the present petition is to the order passed by the learned Court below whereby the LRs of deceased Paramjit Kaur have been brought on record.
Briefly the facts are that a suit for possession filed by respondent was decreed in his favour which was upheld up to this Court. In execution the stand of the respondent/decree holder was that during the pendency of the execution proceedings he had sold the property to one Paramjit Kaur. As Paramjit Kaur expired, an application was filed to bring her LRs on record which was allowed by learned Court below on March 23, 2007. Thereafter the petitioners filed application for recalling the order dated March 23, 2007 which was dismissed vide impugned order dated November 10, 2008.
Learned counsel for the petitioners submitted that LRs of deceased Paramjit Kaur could not be brought on record, as before the application for her impleadment in the execution proceedings has been decided, she has already expired and once she had not been impleaded as party to the execution proceedings, her LRs could not be brought on record. However, the contention is misconceived. Once the stand of the decree holder was that during the pendency of execution proceedings he had sold the property to Paramjit Kaur who had filed an application for her impleadment in the execution proceedings. In case she had died during the pendency of application, her LRs could very well be brought on record and impleaded as party to the execution proceedings. With the order passed by learned Court below impleading the LRs of Paramjit Kaur in the execution proceedings, no prejudice has been caused to the petitioner/judgment debtor as it is a decree which is being executed against them in case some one else claims to be LRs of deceased Paramjit Kaur, he only can raise objection to the impleadment of LRs already brought on record or their own impleadment.
The revision petition is dismissed.
(RAJESH BINDAL) 20.2.2009 JUDGE Reema
1 issue framed by the court
Whether the legal heirs of a deceased person can be brought on record in execution proceedings if the application for impleadment was pending at the time of her death.
S. Jagat Singh and another
S. Surjit Singh
Rajesh Bindal J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
