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2010 Supreme(Bom) 652
High Court of Judicature at Bombay
MR. JUSTICE D.G. KARNIK
Rallis India Ltd.
Versus
HMP Engineers Ltd. & Others and Mr. Manoj Kumar Poddar (Heir of 2nd respondent)
CHAMBER SUMMONS NO.1173 OF 2009 IN EXECUTION APPLICATION (L) NO.543 OF 2002 IN AWARD DATED 30TH OCTOBER 2001
Decided on: 29-04-2010
An heir of a deceased judgment debtor cannot be compelled to disclose the names of other heirs or the assets of the deceased judgment debtor.
Headnote:
Disclosure - Heirs of Deceased Judgment Debtor - The court held that there is no legal requirement for an heir of a deceased party to disclose the names of other heirs or the assets of the deceased judgment debtor. The duty to make inquiries about the heirs and assets lies with the plaintiff/decree holder, and an heir cannot be compelled to assist in this regard.
Fact of the Case:
The applicant sought an order directing the respondent, an heir of the deceased judgment debtor, to disclose the names of all other heirs and the assets of the deceased.
Finding of the Court:
The court found that there is no legal obligation for an heir to disclose the names of other heirs or the assets of the deceased judgment debtor. The chamber summons was dismissed.
Issues: Disclosure of names of heirs and assets of deceased judgment debtor by heir.
Ratio Decidendi: An heir of a deceased judgment debtor cannot be compelled to disclose the names of other heirs or the assets of the deceased judgment debtor. The duty to make inquiries about the heirs and assets lies with the plaintiff/decree holder.
Final Decision: The chamber summons was dismissed.
1. Heard.
2. By this Chamber Summons the applicant prays for an order directing the respondent, Mr. Manoj Kumar Poddar, an heir of the defendant judgment-debtor no.2, to disclose the names of all other heirs of the original defendant no.2. The applicant also prays for an order directing Mr. Manoj Kumar to disclose the assets of the deceased judgment debtor no.2.
3. There is no law requiring an heir of a party dying during the pendency or after the decision of the suit to disclose the names of all other heirs of the deceased. It is the duty of the plaintiff/decree holder to make enquiry about the heirs of the deceased and the properties left behind by him for the purpose of execution of a decree against the heirs. An heir cannot be compelled to aid and assist the decree holder in doing something the law does not require him to do. In my view, therefore, Mr. Manoj Kumar Poddar, who is joined as respondent, cannot be compelled to disclose the names of the other heirs of the deceased judgment debtor no.2. Similarly, he also cannot be compelled to disclose the assets of the deceased. Sub Rule (2) of Rule (41) of Order 21 of the Code of Civil Procedure empowers the Court to direct the judgment debtor to disclose his assets on affidavit. But it does not empower the Court to issue such directions to an heir of the judgment debtor. The decree holder must make his own enquiry to find out the assets of the deceased judgment debtor. It is no part of the duty of an heir of the judgment debtor to disclose what assets were owned by the judgment debtor at the time of his death.
4. In the circumstances, the chamber summons is dismissed.
