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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Sathish Kumar, J
K.Rajamanickam – Appellant
Versus
P.M.Kanagasabapathy (Died) – Respondent
ORDER :
N. SATHISH KUMAR, J.
Challenge has been made to the order passed by the Executing Court dismissing the application filed under Section 47 of the Code of Civil Procedure, the present revision has been filed.
2. The suit has been filed originally by the sole plaintiff as against the defendant in O.S.No.353 of 2004 for recovery of mortgage money. A preliminary decree was passed on 12.01.2007. As the amount has not been piad as directed in the preliminary decree, final decree has been passed on 08.06.2016 in I.A.No.1372 of 2007. To execute the said decree, execution petition has been filed by the legal heirs in R.E.P.No.132 of 2019. The decree has been challenged only on the ground that during the pendency of the final decree proceedings, the plaintiff has died on 27.10.2015, however, the final decree has been passed on 08.06.2016. Therefore, according to the plaintiff decree passed in favour of a dead person is not valid in the eye of law. Further, the respondents have not filed any documents to prove that they are the legal heirs of the deceased plaintiff. An application has been filed by the legal heirs under Section 50 of CPC and they have been recognised by the executing
A decree in favor of a deceased party is not a nullity, allowing legal heirs to execute the decree despite procedural irregularities.
A decree passed in favor of a dead person is not a nullity and can be executed by the legal representatives of the deceased claimant.
A decree issued against a deceased party is unenforceable if an exemption under Order XXII Rule 4 is not obtained prior to judgment; it represents an irregularity rather than an absolute nullity.
A decree passed against a deceased party is void without the legal heirs being impleaded, preventing execution against them until their interests are represented.
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 obtained against a dead person is a nullity, and the legal representatives have the remedy to implead themselves and, if the suit had abated, to get the abatement set aside and then obtain a....
A decree remains executable even if some defendants are deceased, provided their heirs are on record and did not contest the suit.
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.
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.
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