going into the question of whether pendente lite
purchasers can be impleaded in execution proceedings, it would be apt to
consider whether they are required ... subsequent purchasers also to be
impleaded, the question of whether they can be impleaded at the stage of
execution proceedings was not answered
execution proceedings.
11. In view of Rule 74(4) of the Rules, the 1 st respondent can
proceed with the execution only after impleading ... proceedings due to non-impleadment of
legal representatives and that legal representatives can be
impleaded at any time and execution proceedings can be
proceeded with
execution proceedings.
11. In view of Rule 74(4) of the Rules, the 1 st respondent can
proceed with the execution only after impleading ... proceedings due to non-impleadment of
legal representatives and that legal representatives can be
impleaded at any time and execution proceedings can be
proceeded with
execution petition as if he is the only decree holder entitled to file execution petition excluding the other legal heirs who were impleaded ... directing the learned Master to proceed with Execution Petition impleading the applicants was not modified. On the other hand, the Hon'ble Supreme Court
execution case dated 21-11-1946 is as follows :
"The decree bolder in this execution casa wants to implead one Madhu Sudan Acharyya ... reason why such a purchaser cannot be impleaded in execution proceedings as well, so that the execution may be taken or continued as against
Civil Procedure , 1908-Order 2 rule 2-Suit for
reopening-, execution proceedings and impleading as legal
representative-Subsequent suit based on title-If barred ... suit for a declaration that he
was entitled to be impleaded in the execution proceedings as
the legal -representative and proceed with the execution
open to the execution court
to implead a person who was not originally impleaded in the
application. The execution court allowed the objection ... open to the execution court to implead a person who was not
originally impleaded in the application. The execution court
allowed the objection
made and given by the
Collector. In the execution case was impleaded respondent
No. 1 in these appeals as judgment debtor No. 20 because ... suit. It seems, because of that reason, this
respondent was impleaded in the execution case filed by the
appellants and others as judgment, debtor
filed an execution
petition (within time for filing an execution petition) but
later he died on 27.2.1993. In the said pending execution
petition, the respondents ... judgment debtor, the decree holder can file a fresh
execution petition impleading the legal representatives of
the judgment debtor; such a fresh execution petition
prior mortgagee also instituted a similar suit without impleading the puisne mortgagee. The sale in execution of the decree on foot of the second mortgage ... Kripa sued for sale without impleading Ghulam Safdar and got a decree and in execution purchased the property at auction. He bequeathed
