-Applicant sought release of share of his deceased son from decretal amount passed in favour of his son--

 P L D 2021 Sindh 470

Succession Act (XXXIX of 1925)---

----S.214---Civil Procedure Code (V of 1908), S. 47---Execution of decree---Death of decree holder---Representative title, proof of---Applicant sought release of share of his deceased son from decretal amount passed in favour of his son---Validity---Restriction was imposed on power of Court to proceed upon an application of a person claiming on succession to be entitled to execute against a debtor, a decree, or order for payment of debt, except on production by such person a certificate of succession granted under Part X of Succession Act, 1925 and having the debt specified therein---Before a Court could pass any order for execution of a decree on application of a person claiming to be entitled to execute decree against a debtor on the basis of succession, such person must produce before the Court a succession certificate issued in his favour in accordance with provision of Succession Act, 1925, specifying debt therein---After the death of decree holder, his legal heir was required to produce requisite certificate in compliance of S.214 of Succession Act, 1925, as the share amount so deposited with Court official in execution proceedings, had come within the definition of debt/obligation---Application was dismissed, in circumstances.