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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH
Padum Das S/o Late Hemendra Das – Appellant
Versus
Niramai Das D/o Late Dhaneswar Das – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. P. Mahanta, the learned counsel appearing on behalf of the petitioner.
2. The petitioner herein who is one of the legal representatives of the judgment debtor Hemendra Das (since deceased) has filed the present proceedings challenging the order dated 16.05.2025 passed by the Court of the learned Munsiff No.1, Nagaon in Misc. (J) Case No.65/2025 arising out of Title Execution Case No.06/2013 whereby the application filed under Section 47 of the Code of Civil Procedure, 1908 was rejected.
3. This Court taking into account that the execution proceedings pertains to the year of 2013 and the suit was of the year 2006, takes up the instant application for disposal at the motion stage itself.
4. The grievance of the petitioner herein is that he along with Shri Swapan Das; Shri Utpal Das and Shri Jitumoni Das are the legal representatives of Late Hemendra Das who was the judgment debtor. The attention of this Court has been drawn to the judgment passed by the learned Coordinate Bench of this Court in RSA No.185/2003 wherein Late Hemendra Das was substituted by his legal representatives and inspite of that, the decree holders in Title Execution Case
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.
Joint representation by surviving defendants suffices to prevent abatement of a suit when one defendant dies, as long as the estate is substantially represented.
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.
The main legal point established in the judgment is that a decree obtained against a dead person without impleading their legal representatives is a nullity and cannot be executed.
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.
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