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Judgment
This writ petition has been filed by the petitioners aggrieved by order dated 14.10.2019 passed by the Additional District Judge No. 2, Jodhpur
Metro (Annex.7), whereby the application filed by the respondent under Section 151 CPC has been allowed and the petitioners as legal
representatives of deceased Ratan Singh Gehlot have been taken on record of the execution proceedings.
For the execution of an award dated 06.12.2000, execution proceedings were initiated before the Court of Additional District Judge, Jodhpur.
During pendency of the proceedings, the award debtor Ratan Singh Gehlot died. The application was filed under Section 151 CPC for bringing on
record the legal representatives. When the legal representatives could not be served by ordinary process, they were served by publication of notices.
Whereafter, appearance was made and an objection was filed, inter-alia, indicating that the application was not under the provisions of Order XXII,
Rule 4 CPC and therefore, the same was liable to be rejected.
After hearing the parties, the executing court came to the conclusion that for mere technicalities, the application could not be rejected and
consequently, allowed the application.
Learned counsel for the petitioners made submissions as were made before the executing court, it was submitted that the application under Section
151 CPC in view of express provisions of Order XXII, Rule 4 CPC was not maintainable and as the respondents having not complied with the
requirements of provisions of Order XXII, Rule 4 & 9 CPC, the application was liable to be rejected.
I have considered the submissions made by learned counsel for the petitioners and have perused the material available on record.
The submissions made before the executing court and in the present writ petition are foundationally incorrect, inasmuch as, in view of express
provisions of Order XXII, Rule 12 CPC, nothing in Rules 3, 4 & 8 of Order XXII applies to proceedings in execution of a decree or order.
Once, the provisions of Order XXII are not applicable to the proceedings, the question of abatement also does not arise and therefore, filing of the
application under Section 151 CPC and the trial court, though oblivious of provisions of Order XXII, Rule 12 CPC, having accepted the application, the
same does not call for any interference.
The writ petition has no substance, the same is, therefore, dismissed.