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ARUN KUMAR JHA
Shashi Shekhar Ojha – Appellant
Versus
Pushpa Devi – Respondent
Arun Kumar Jha, J. – The present petition has been filed by the petitioners challenging the order dated 02.09.2024 passed by the learned Sub Judge-II, Dumraon, Buxar in Execution Case No. 05 of 2008, whereby and whereunder the learned Sub Judge has ordered for deletion of names of deceased-decree holder as well as judgment debtors and bringing on record their legal heirs and also allowed correction of some typographical errors.
2. Briefly stated, the facts of the case are that one title suit bearing Title Suit No. 53 of 1968 was instituted by the plaintiffs/respondents seeking a decree of redemption of a mortgage bond dated 03.07.1996 executed by one Mahendra Missir in favour of Nandlal Ojha and others upon receipt of a sum of Rs. 2,500/-. The plaintiffs further sought a direction against the defendants to redeem the mortgage and to deliver possession of the mortgaged property, failing which a final decree was sought to be prepared and delivery of possession to be effected in favour of the plaintiffs. Plaintiffs claimed that the mortgaged property was partitioned between the defendants 3rd and 4th parties. Subsequently, the defendants 3rd and 4th parties sold 12 Anna share of the pr
A decree remains executable even if some defendants are deceased, provided their heirs are on record and did not contest the suit.
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.
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.
Joint representation by surviving defendants suffices to prevent abatement of a suit when one defendant dies, as long as the estate is substantially represented.
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.
Substitution of legal heirs is mandatory in final decree proceedings when interests are at stake; non-compliance results in abatement of proceedings.
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