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ARUN KUMAR JHA
Arbind Kumar Singh – Appellant
Versus
Lalita Devi – Respondent
Arun Kumar Jha, J.—Heard learned counsel for the petitioners. No one appears on behalf of the respondents.
2. The petitioners are aggrieved by the order dated 27.04.2017 passed by the learned Sub Judge-IX, Rohtas at Sasaram in Execution Case No. 08 of 1980 whereby and whereunder the application filed by the decree holder/respondents for substituting legal heirs of deceased defendants and plaintiffs has been allowed.
3. Learned counsel for the petitioners submits that the substitution petition was filed on 03.08.2016 and vide impugned order dated 27.04.2017, the learned executing court allowed the same though it was highly time barred. No details of the deceased plaintiffs/defendants about their death and knowledge of their death have been provided. The substitution petition was allowed after 31 years and it was highly belated and would cause serious prejudice to the judgment debtors/petitioners.
4. Issue before this Court lies in narrow compass that whether the heirs/legal representatives of deceased judgment debtor or decree holder should be brought within some stipulated time period or substitution can be allowed at any length of time. Order 22, Rule 12 of the Code of Civil Procedur
Execution proceedings remain pending despite the death of a judgment-debtor; legal heirs can be added at any time based on CPC provisions.
Joint representation by surviving defendants suffices to prevent abatement of a suit when one defendant dies, as long as the estate is substantially represented.
Execution proceedings can continue after the death of a judgment debtor without abatement if legal representatives are not brought on record, allowing substitution or fresh execution petitions.
Procedural compliance is essential in civil litigation, and while courts may exercise discretion to overlook minor lapses, parties must follow established procedures to avoid abatement and ensure jus....
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.
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