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Judgment
Wadsworth, J.—Petitioner is the son and legal representative of the 19th defendant against whom the decree was being executed when he
got a stay by means of an application dated 9th April, 1938, u/s 20 of Act IV of 1938. The 19th defendant did not follow up his stay application
with an application u/s 19, but he died on 4th June, 1938, just before the expiry of the sixty days time allowed u/s 20. Petitioner was impleaded as
legal representative op 19th October, 1938 and on that day asked for time to oppose the execution. On 14th December, 1938, he filed a fresh
application u/s 20. I am of opinion that the application does not lie. The petitioner succeeds to the rights and liabilities in the litigation of his father.
His father had already exhausted his remedy u/s 20 and by the express terms of that section the decree must be executed against him as it stands.
The legal representative is subject to the same liability. The petition is dismissed with costs.