In Varadarajan v. Kanakavalli & Ors, the appellants attempt to be substituted as the legal representative/heir of the original plaintiff was resisted by the respondents and the said objection was accepted by the High Court rejecting the decree of the Execution Court.
Order 22 Rule 12 engrafts an exemption which provides that where a party to an execution proceedings dies during its pendency, provisions as to a suspension or termination of proceedings do not apply. The Rule is, therefore, for the benefit of the decree-holder, for his heirs need not take steps for substitution under Rule 2 but may apply immediately or at any time while the proceeding is pending, to carry on the proceeding.
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