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2019 (1) TMI 2034 - HC - Indian LawsSeeking to be impleaded as petitioner/decree holder in OMP - HELD THAT:- It is well settled that a party claiming itself to be a beneficiary under a decree cannot seek execution of the decree in its own name. Reliance can be placed on the ratio in ‘Lalmani Kuer Vs. Raghubansi Devi [1944 (2) TMI 27 - PATNA HIGH COURT] to the effect that a beneficiary who alleges himself to be the real decree holder has no locus to claim that he is entitled to execute the decree in his own name. Furthermore, the question of liability inter se of the applicant and the decree holder as also the question as to in whose favour the award is to be executed are beyond the scope of the present OMP (Enf.). It is settled proposition of law that questions between two parties who both claim to represent the same party are beyond the scope of Section 47 CPC. Application disposed off.
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