Civil Procedure Code, 1908, Section 41, 146, Order 21, Rule 16, Civil Procedure Code, 1908, Section , Order 22, Rule 3, 4, 12, Succession Act, 1925 -- Death of decree holder during pendency of execution - Continuation of execution by Legal Representative - Requirement of succession certificate - Money decree passed by Court in Madhya Pardesh - Decree transferred to Bhiwani..........
Civil Procedure Code, 1908, Order 22, Rule 12, Succession Act, 1925 -- Death of decree holder during pendency of appeal - Not necessary for Legal Representative to obtain succession certificate in order to continue the appeal. 1957 ILR (Pb) 234 relied...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 12 -- 'Appointed Day' - Civil Court decree passed after appointed day - Effect on surplus area - Land measuring 160 K 11 M transferred in the name of sister of the petitioner vide civil Court decree dated 15.4.1972 - Petitioners sought release of this area from surplus. HELD - Decree cannot be ignored even if passed..........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 22, Rule 3 -- Execution of compromise decree - Benefit thereunder - Benefit under decree cannot be defeated merely by death of decree holder - However, decree granting personal benefit for a specific purpose may be executed for that purpose only - Compromise decree in matrimonial dispute -..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Death of appellant/defendant in second appeal - Second appeal dismissed on merits without knowledge of death of appellant - Execution against L.R's cannot be resisted on the plea that execution of decree passed in second appeal cannot be executed being nullity as passed against a dead person - Failure on the part of the L.R's..........
Civil Procedure Code, 1908, Section 50(2) -- Decree against deceased - Decree - holder entitled to recover decretal amount from property left behind by deceased - Heirs not liable to pay decretal amount in their personal capacity - Deceased did not have any property at the time of his death - Cannot be said that no decree can be passed on the ground that decree is not..........
Civil Procedure Code, 1908, Order 21 -- Execution - Death of D.H. or J.D. - If execution petition is filed within time and D.H. or J.D. dies and L.R's are not brought on record then there is no abatement of the execution petition - It is open for the L.R's of D.H. to come on record at any time as no time limit is prescribed to bring the L.R's on record in execution..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 32 -- Decree for injunction - Death of decree holder - LRs of decree holder can enforce the decree against the judgment debtor...........
Civil Procedure Code, 1908, Order 22, Rule 11, 4 -- Abatement - Creditor's (decree-holder's) appeal in a suit under Order 21 Rule 63 filed by objectors - Death of respondent (judgment-debtor) - Judgment-debtor never filed any objection petition or claim in execution Court - Not necessary to bring his legal representatives on record - Appeal does not abate...........
