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B. S. BHANUMATHI
Musunuri Satyanarayana – Appellant
Versus
Tummala Indira Devi – Respondent
JUDGMENT /RDER :
In view of Order XXII Rule 12 CPC, question arose in the present case, as to what happens to the proceedings for execution of a decree for permanent injunction under Order XXI Rule 32 CPC, when judgment-debtor dies pending the execution proceedings.
2. This application has been filed by the petitioner/party-in-person seeking the following prayer :
3. It is stated in Paragraph No.4 of the affidavit filed in support of the petition that the 4th respondent, namely, Gorijavolu Rajendra Prasad expired on 19.07.2024, and one of his legal representatives, i.e., his wife, by name, Gorijavolu Pavani, is on record as the 5th respondent, that there is sufficient representation in the matter from the legal representative of the deceased 4th respondent and hence, there is no necessity of bringing all the legal representatives on record in the place of the deceased 4th respondent, and that it is necessary to incorporate changes i
Procedural rules under the CPC specify that execution proceedings are not abated by the death of a judgment-debtor, allowing legal representatives to enforce decrees.
Legal representatives of deceased judgment debtors must be impleaded in execution proceedings as prescribed by Section 50 of the Civil Procedure Code, mandating compliance with prior court opinions.
The amendment to Order XXII Rule 4 of the CPC aims to ensure the continuation and culmination of effective adjudication and to prevent the proceedings from coming to an end summarily due to the death....
A decree passed against a deceased party is null and void; proper procedure under Order 22 CPC must be followed to avoid automatic abatement.
Non-executability of decree – If decree is not nullity, executing court is required to execute such decree unless it has been set aside by a competent court in an appropriate proceeding.
Legal heirs of a deceased decree holder can be impleaded in execution proceedings at any time; execution petitions do not abate upon the death of the decree holder.
A decree remains executable even if some defendants are deceased, provided their heirs are on record and did not contest the suit.
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