LegalSeva

It is clear, therefore, that if after the filing of an execution petition in time, the decree-holder dies and his legal representatives do not come on record - or the judgment-debtor dies and his legal representatives are not brought on record, then there is no abatement of the execution petition. If there is no abatement, the position in the eye of law is that the execution petition remains pending on the file of the execution court. If it remains pending and if no time limit is prescribed to bring the legal representatives on record, in execution proceedings, it is open in case of death of the decree-holder, for his legal representative to come on record at any time. The execution application cannot even be dismissed for default behind the back of the decree-holder's legal representatives. In case of death of the judgment-debtor, the decree- holder could file an application to bring the legal representatives of the judgment-debtor on record, at any time. Of course, in case of de...

The Supreme Court, in Tata Cellular v. Union of India (1994) 6 SCC 651 was concerned with the extent of judicial review of decisions bona fide arrived at in tender cases and on a review of case law it was inter alia held that:- (i) there are inherent limitations in exercise of power of judicial review; (ii) judicial review is a great weapon in the hands of the judges; but the judges must observe the constitutional limits set by our parliamentary system upon the exercise of this beneficent power; (iii) the restraint has two contemporary manifestations - one is the ambit of judicial intervention; the other covers the scope of the court's ability to quash an administrative decision on its merits; (iv) these restrains bear the hallmarks of judicial control over administrative action; (v) judicial review is concerned with reviewing not the merits of the decision in support of which the application for judicial review is made, but the decision-making process itself; (vi) unless th...