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Execution Application No.88. of 1979 and Civil Miscellaneous Application No.1323 of 1985, decided or 28th September, 1987.

‑‑‑ S. 214(l)(b) Civil Procedure Code (V of 1908), S. 146 & O.XXI, R. 16‑‑Specific Relief Act (I of 1977), S. 12‑‑Specific performance of agreement of sale‑‑Execution proceedings commenced by deceased decree‑holder‑‑Substitution of legal representatives of deceased decree‑holder‑‑Provisions of S. 214(l)(b), Succession Act, 1925 do not contemplate distinction between the fresh execution application and pending execution application nor exclude pending application from its purview‑‑‑When legal heirs of a deceased decree‑holder are substituted on record in a pending execution application case, proceedings from that stage onward are to be considered at the instance of such substituted party and provisions of S.214, Succession Act, 1925 are immediately attracted and Court cannot pass any order without production of Succession Certificate‑‑‑ Court has to pass fresh order directing the execution of sale‑deed in favour of substituted decree‑holder after substitution of the legal heirs‑‑No proceeding can be taken on such application without production by representatives the Succession Certificate.

Muhammad, Bashir v M.A.Footwear 1985 C L C 460 ref.

‑‑‑ S.214‑‑civii Procedure Code (V of 1908), S. 146 & O‑XXI, R.16‑ Specific Relief Act (I of 1877), S.12‑‑ScQpe and application of S.214, Succession Act, 1925‑‑Words, "debt", "judgment debt" and "judgment- debtor" in S.214, Succession Act, 1925‑‑ Meanings‑‑ Specific performance of agreement for sale of immovable property‑ ‑Execution proceedings commenced by deceased decree‑holder‑‑Substitution of legal representatives of deceased decree‑‑ holder‑ ‑Production of "Succession Certificate" "probate or letter of administration"‑‑Requirement. ‑‑[Words and Phrases].

The idea behind provision of section 214 of Succession Act, 1925 appears to be that if one of the legal heirs gets money in the execution of decree of a deceased decree‑holder, the possibility that such legal heirs may appropriate the money to the exclusion of the other legal heirs, cannot be ruled out. To prevent such abuse of the process of Court, the Legislature requires the legal heirs to obtain one of the Certificates mentioned in the above section, which can be granted to him by competent Court or authority only after notice to and hearing of other legal heirs. There is no such possibility in execution of a decree of specific performance of sale‑agreement because the sale would have to be registered in the name of all the legal heirs of the deceased decree‑holder and the right of none of them would be adversely affected by execution of such decree without production of aforesaid Certificate.

The meaning of word debt amongst other is shown to be "a fixed and certain obligation to pay money or some other valuable thing or things, either in the present or in the future. In a still more general sense, that which is due from one person to another, whether money, goods, or services." In dictionaries various kinds of debts are shown under the heading of word 'debt' and one of such kinds is 'judgment debt'. Word 'judgment debt' has been defined in the dictionary as "one which is evidenced by matter of record. A debt, whether on simple contract or by specialty, for the recovery of which judgment has been entered up, either upon a cognovits or upon a warrant of attorney or as the result of a successful action". Word 'judgment‑debtor' is defined "a person against whom judgment has been recorded and which remains unsatisfied".

The list of the Certificates required, does not only include 'Succession Certificate' which is generally produced in a case of money decree, but also a probate or letter of administration is mentioned at serial No.(i) which is issued in case of immovable property.

These Certificates are required only for the proof of representative title of the person claiming to be the legal representative of the deceased decree‑holder. Any one of the Certificates mentioned therein would be sufficient proof of such entitlement. This section does not Jay down that in case of money decree a Succession Certificate is to be produced and that in case of specific performance of a contract relating to immovable property a probate or‑ letter of administration is to be produced. Mere mention of probate or letter of administration at Serial No.(i) would not necessarily make this section applicable even to execution of decree of specific performance. 'Debt' as understood in its ordinary meaning would refer to a 'money debt'. If the Legislature intended that the words 'debt' or 'debtor' in this section should signify 'judgment debt' or. 'judgment--‑debtor the section would have been so worded. The fact that words 'Judgment debt' or 'Judgment‑debtor' were not used, signifies that the legislature did no intend to enlarge the meaning of 'debt' or 'debtor' to include every 'judgment debt' or 'judgment‑debtor'.

Stroud's Judicial Dictionary, III, Edn, Vol.‑I, P. 733 and Black's Law Dictionary Vth Edn. ref.

‑‑‑ S.214‑‑Civil Procedure Code (V of 1908), S.146 & O.XXI, R.16‑ Word debt used in S. 214, Succession Act, 1925‑‑Execution proceedings commenced by deceased decree‑ holder‑‑Substitute of legal representatives of deceased decree‑holder‑‑Cost awarded being money payable by the judgment‑debtor to decree‑holder would be considered as 'debt" within meaning of word 'debt' used in S. 214, Succession Act, 1925‑‑Such part of the decree, therefore, cannot be executed till the legal heirs of decree‑holder produce one of the certificates mentioned in S.214, Succession Act, 1925.

Abrar Hasan for Applicant.

Nizam Ahmed for Respondent.

The Decree‑holder in this execution application died during the pendency of the execution application and his legal heirs were brought on the record. An application was moved by the learned counsel for the Decree‑holder that legal heirs of the plaintiff /Decree Holder have been brought on record and as such an amended sale‑deed is attached herewith for necessary further process in terms of order dated 5‑2‑1984.

2. It may be pointed, that the decree for which the execution is being sought, is for specific performance of the contract of sale. Objections have been filed by the Judgment‑Debtor that no orders can be passed by this Court on the amended execution application, as the legal heirs of' the deceased have not obtained the requisite certificate as required under Section 214 of the Succession Act. To appreciate the question involved, it will be helpful to reproduce Section 214 which reads as under:‑----

214. Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons.‑-------

(1) No Court shall:‑------

(a) pass a decree against a debtor of a deceased person for payment of his debts to a person claiming on succession to be entitled to the effects of the deceased person or to any part thereof; or ,

(b) proceed, upon an application of a person claiming to be so entitled, to execute against such a debtor a decree or order for the payment of his debt, except on the production, by the person so claiming, of:‑-----

(i ) a probate or letters of administration evidencing the grant to him of administration to the estate of the deceased; or

(ii) a certificate granted under section 31 or section 32 of the .Administrator General Act, 1913, and having the debt mentioned therein; or

(iii) a succession certificate granted under Part X and having the debt specified therein; or

(iv) a certificate granted under the Succession Certificate Act, 1889; or

(v) a ‑certificate granted under Bombay Regulation No. VIII of 1827, and, if granted after the first day of May, 1889, having the debt specified therein.

(2) The word "debt" in subsection (1) includes any debt except rent., revenue or profit payable in respect of land used for agricultural purposes.

3. The question as to whether the provisions of this section are applicable to the legal heirs of Decree‑holder, who file fresh execution application or are also applicable to such legal heirs, who are joined as parties when the Decree‑holder after filing execution application dies, was discussed in the case of Mohammad Bashir v. M.A. Footwear (1985 C.L.C. 460). Learned Single Judge discussing the string of case‑law on this question came to the conclusion that the language implied in section 214 (i) (b) of the Succession Act 1925 did neither contemplate any distinction between the fresh execution application and pending execution application nor exclude pending application from its purview. When legal heirs of a deceased Decree‑holder are substituted on record in a pending execution application case, proceedings from that stage onward are to be considered at the instance of such substituted party and the provisions of section 214‑A are immediately attracted and the Court could not pass any order without production of the Succession Certificate. After the substitution of the legal heirs, the Court has to pass fresh order directing the execution of sale‑deed in favour of the substituted legal heirs of the deceased Decree‑holder. The pl4in reading of Section 214 (1) (b) would show that no proceedings can be taken on ' such application without production by him one of the certificates mentioned therein. I am in respectful agreement with the views expressed by my learned brother in the case of Mohammad Bashir.

4. It is further argued by Mr. Abrar Hassan learned counsel for the Decree‑holder that this embargo under Section 214 is placed only on the execution of money decree. He has stressed upon the words 'debt' and 'debtor' used in this section. According to him in Stroud,s Judicial Dictionary, III, Edn. Vol. I, P'. 733 one of the primary meaning of word debt has been stated to be "a sum payable in respect of a liquidated money demand, recoverable by action".

5. In Black's Law Dictionary Vth Edn. one of the meaning of word 'debt' amongst others is shown to be "a fixed and certain obligation to pay money or some other valuable thing or things, either in the present or in future. In a still more general sense, that which is due from one person to another, whether money, goods, or services." Various kinds of debts are shown under the heading of word 'debt' and one of such kinds is 'judgment debt' Word 'judgment debt' has been defined in the said Dictionary as "one which is evidence by matter of record. A debt, whether on simple contract or by specialty, for the recovery of which judgment has been entered up, either upon a cognovits or upon a warrant of attorney or as the result of a successful action." in the same Dictionary word' Judgment debtor' is defined "a person against whom judgment has been recovered, and which remains unsatisfied".

6. It is argued by Mr. Nizam Ahmed, learned counsel for the Judgment‑debtor that Section 214(l)(b) of the Succession Act relates to the execution of decree against the person against whom judgment is passed and such person is referred to as a Judgment‑debtor and, therefore, his obligations would constitute judgment debt. It is argued that the,‑words 'debt' and 'debtor' used in Section 214 are to be seen in that context and it cannot be limited only to money decree. In support of his argument. he has further relied upon the certificate required to be produced by the legal heirs under Section'214. The list of the Certificates required, does not only include 'Succession Certificate' which is generally produced in a case of money decree, but also a probate or letter of administration is mentioned at serial No. (1) which is issued in case of immovable property.

7. These Certificates are required only for the proof of representative title of the person claiming to be the legal representative of the deceased Decree‑holder. Any one of the Certificates mentioned therein would be sufficient proof of such entitlement. This section does not lay down that in case of money decree a Succession Certificate is to be produced and that in case of specific performance of a contract relating to immovable property a probate or letter of administration is to be produced. Mere mention of probate or letter of administration at Serial No. (1) would not necessarily make this section applicable even to execution of decree of specific performance 'Debt' as understood in its ordinary meaning would refer to a 'money debt'. If the Legislature intended that the words 'debt' or 'debtor' in this Section should signify 'judgment debt' or 'judgment Debtor' the section would have been so worded. The fact that words 'judgment debt' or 'judgment Debtor' were not used, signifies that the Legislature did not intend to enlarge the meaning of 'debt' or 'debtor' to include every 'judgment debt' or 'judgment Debtor.

8.While arriving at the above conclusion, I have taken into consideration subsection (2) of Section 214 the kinds of debts described therein also pertains to money debts. The idea behind this provision of Section 214 appears to be that if' one of the legal heirs gets money in the execution decree of a deceased Decree‑holder, the possibility that such legal heirs may appropriate the money to the exclusion of the other legal heirs, cannot be ruled out. To prevent such abuse of the process of Court, the Legislature requires the legal Heirs to obtain one of the Certificates mentioned in the above Section which can be granted to him by competent Court or authority, only after notice to and hearing of other legal heirs. There is no such possibility in execution of a decree of specific performance of sale‑agreement because the sale would have to be registered in the name of all the legal heirs of the deceased Decree‑holder and the right of none of them would be adversely affected by execution of such decree without production of aforesaid Certificate.

9. In my opinion there appears to be no substance in the object ion of J. D. The objection is, therefore, overruled and the Nazir is directed to execute the decree by executing the Registered Sale‑Deed.

10. It is further contended by the learned counsel for. the Judgment‑debtor that in the execution application the Decree‑holders also claims the payment of cost awarded to them by the Court under the decree which is a money decree.

There appears to be substance in this argument as the cost awarded which is shown to be Rs.2,814.50 is money payable by the Judgment‑debtor to the Decree‑holder and, therefore, would be considered as debt within the meaning of word 'debt' used in section 214 of the Succession Act. This part of the decree is ordered not to be executed till the legal heirs of the Decree‑holder produce one of the Certificates mentioned in Section 214. The prayer of the Decree holder for the execution of decree for specific performance of agreement' of sale is allowed as ordered above.

M.B.A/163/A‑K Application allowed

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