Minor Smt. Shanti Devi vs Khandubala Dasi And Ors. on 15 September, 1960
the need to bring her legal representatives on record is not necessary. In case the petitioner- decree-holder is unable to recover the decree- debt from the estate of the deceased Y. C. Reddy and if he proves that the estate of the principal debtor Y. C. Reddy remained in possession of his mother-4th judgment-debtor and that she did not apply the said property for discharge of the decree-debt, in that eventuality, the petitioner decree-holder has to bring the legal representatives of the fourth judgment-debtor viz., the mother of the deceased Y. C. Reddy on record and then proceed against the legal representatives of the deceased 4th judgment-debtor. Thus, it must be held that there is no need to bring the legal representatives of the 4th judgment- debtor on record. The decision in Santi Devi's case (supra) does not apply to the facts in this case. In that case. the judgment-debtor died during the execution. Therefore. to proceed against the estate of the judgment-debtor, it was held that the legal representatives are to be brought on record tinder 0. 22. R. 4 of the Code. Therefore, I hold that the Court below committed error of jurisdiction. The C.R.P. is accordingly allowed, the order of the Court below is set aside. There will be no order as to costs.