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(1) That the total dues on the date came to Rs.

1,10,000/-.

(2) That Shri Anandilal Poddar, the receiver was to pay Rs. 35,000/-.

(3) That a sum of Rs. 40,000/- was to be paid by conveying premises No. 13/2 Syed Salley Lane to the decree holder, and, (4) That a sum of Rs. 35,000/- was to be paid in cash by raising money by execution of an another mortgage of premises No. 126, Harrison Road.

Anandilal Poddar paid the sum of Rs. 35,000/-. But nothing further was done by the judgment-debtors pursuant to the settlement arrived at on the 17th June, 1953. Sewbux Saraogi, one of the judgment-debtors, died leaving a Will in which the universal legatee was his daughter Smt. Kapurbai and the sole executor appointed therein was Motilal Jhunjhunwalla, husband of Kapurbai. On the 7th June, 1965 the respondent affirmed a tabular statement for execution of the decree. A learned single judge of the Calcutta High Court dismissed that application mainly on the grounds-(1) that the terms of bargain between the parties recorded on the 17th June, 1953 were entirely different from the original decree and had the effect of superseding it; the former decree, therefore, was not executable; (2) that the factum of the death of Sewbux Saraogi was not recorded and his heirs were not substituted in the tabular statement. In passing, the learned single Judge also expressed the view that the execution was barred under section 48 of the Code of Civil Procedure. On appeal by the decree holder the Appellate Bench has reversed the decision of the learned single Judge on all the points. Hence this appeal by the judgment-debtors.

A statement had been made in the tabular statement that Sewbux Saraogi, one of the judgment-debtors, was dead. Kapurbai, his daughter along with others were sought to be substituted in his place. Later on it transpired that she was a universal legatee under a will executed by Sewbux Saraogi. She was, therefore, undoubtedly a legal representative competent to represent the estate of Sewbux Saraogi. Even in absence of the substitution of Motilal Jhunjhunwalla, the sole executor of the will, the execution was not defective. Reference in this connection may be made to the decision of this Court in the case of The Andhra Bank Ltd. v. R. Srinivasan and Others, (1) decision relied upon by the Appellate Bench.