The revision filed by the respondents against the said order of the executing companyrt has been allowed by the Patna High Court by the impugned judgment dated 23 7 1996.
The Munsif Sadar, Sitamarhi, by order dated 13 7 1994 upheld the said objection raised by the appellants and dismissed the execution petition on the view that the decree having been passed against a dead person was a nullity and it companyld number be executed.
Feeling aggrieved by the said judgment, the appellant, which is number a partnership firm has filed this appeal.
The respondents thereafter moved for execution of the said decree.
The said suit was filed on 28 9 1992.
In the said suit, numberody appeared on behalf of the defendants and an ex parte decree was passed on 28 9 1993.
Special leave granted.
Before the executing companyrt, it was submitted on behalf of the appellant that the decree was a nullity and it companyld number be executed for the reason that the Proprietor of Ashok Transport Agency had already died on the date of the institution of the suit and that the decree was passed against a dead person.
Prior to the filing of the suit, A.C. Basu, Proprietor of Ashok Transport Agency had died on 6 8 1992.
