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Issues Involved:
1. Whether the sale of the judgment-debtor's property without bringing the legal representatives on record is void or voidable. 2. Whether the omission to bring the legal representatives on record constitutes a jurisdictional defect or a mere irregularity. 3. The applicability and interpretation of Section 50 and Order 21, Rule 22 of the Civil Procedure Code in the context of execution proceedings after the death of the judgment-debtor. 4. The impact of the attachment of the property before the death of the judgment-debtor on the execution proceedings. 5. The protection of bona fide purchasers in court sales. Detailed Analysis: 1. Whether the sale of the judgment-debtor's property without bringing the legal representatives on record is void or voidable: The court held that the sale is void. The judgment-debtor died before the sale, and the legal representatives were not brought on record. The court emphasized that the property cannot be sold without the legal representatives being impleaded, as the legal representatives step into the shoes of the deceased judgment-debtor. The court stated, "The sale is void, and this appeal should be dismissed with costs." 2. Whether the omission to bring the legal representatives on record constitutes a jurisdictional defect or a mere irregularity: The court concluded that the omission to bring the legal representatives on record is a jurisdictional defect, not a mere irregularity. The court referenced the Privy Council ruling in Raghunath Das v. Sundar Das Khetri, stating, "The issue of a notice was necessary to give the Court jurisdiction to sell property by way of execution against the legal representative of a deceased judgment-debtor." Therefore, the absence of legal representatives on record renders the sale void due to a lack of jurisdiction. 3. The applicability and interpretation of Section 50 and Order 21, Rule 22 of the Civil Procedure Code in the context of execution proceedings after the death of the judgment-debtor: The court clarified that Section 50 and Order 21, Rule 22 mandate that the decree-holder must apply to the court to execute the decree against the legal representative upon the death of the judgment-debtor. The court stated, "If execution of the decree is necessary against the legal representative of the deceased judgment-debtor, the decree holder has no option but to proceed under Section 50." The court also noted that the notice required by Order 21, Rule 22 is essential to confer jurisdiction on the court to proceed with the execution against the legal representative. 4. The impact of the attachment of the property before the death of the judgment-debtor on the execution proceedings: The court held that the attachment of the property before the death of the judgment-debtor does not negate the requirement to bring the legal representatives on record. The court stated, "The attachment does not affect the legal devolution of the property; it only gives at the best the custody of the property, without affecting the right to the property, to the Court." Therefore, the property cannot be sold without the legal representatives being impleaded, even if it was attached before the judgment-debtor's death. 5. The protection of bona fide purchasers in court sales: The court acknowledged the importance of protecting bona fide purchasers but emphasized that this protection does not extend to sales conducted without jurisdiction. The court stated, "If there is no jurisdiction, no amount of bona fides can confer title on an executing purchaser." The court reiterated that the sale was void due to the lack of jurisdiction, and the bona fide status of the purchaser does not validate the sale. Conclusion: The court unanimously held that the sale of the judgment-debtor's property without bringing the legal representatives on record is void due to a lack of jurisdiction. The omission to bring the legal representatives on record constitutes a jurisdictional defect, not a mere irregularity. The court emphasized the mandatory nature of Section 50 and Order 21, Rule 22 of the Civil Procedure Code in execution proceedings after the death of the judgment-debtor. The attachment of the property before the death of the judgment-debtor does not negate the requirement to bring the legal representatives on record. The protection of bona fide purchasers does not extend to sales conducted without jurisdiction. The appeal was dismissed with costs.
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