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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR
B. Venkatesan – Appellant
Versus
S. Peter Devadass (Deceased) – Respondent
ORDER :
N. SATHISH KUMAR, J.
1. Challenge has been made to the order dismissing the Execution Petition, the present revision has been filed.
2. The petitioner/plaintiff has filed a suit in O.S.No.6221/2021 on the file of XXIII Assistant Judge, City Civil Court, Chennai for recovery of money for a sum of Rs.8,90,000/- together with interest at the rate of 24% per annum. The suit has been decreed ex parte on 18.11.2021. Execution Petition was filed in E.P.No.686 of 2022, only in EP proceedings, notices were ordered to Judgment Debtor and it came to the notice of the Court that the judgment debtor died on 15.10.2021, even before the judgment and decree passed against the judgment debtor. Thereafter, the death certificate is also produced by the Court Amin. Subsequently, an application under Order XXII Rule 4 of CPC was also filed by the decree holder for impleading the legal heirs of the deceased judgment debtor, though the legal heirs received notice, they have not appeared before the Court and they were set exparte. Further, the Executing Court found that as the decree is passed against the deceased is not enforceable, accordingly, the E.P.686/2022 was dismissed on 24.08.2022. Challeng
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 in favor of a dead person is not a nullity and can be executed by the legal representatives of the deceased claimant.
A decree in favor of a deceased party is not a nullity, allowing legal heirs to execute the decree despite procedural irregularities.
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.
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.
A decree passed against a deceased party is void without the legal heirs being impleaded, preventing execution against them until their interests are 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.
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.
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