Property of deceased judgment-debtor in hand of legal representatives can be proceeded against for realization of debts under Section 50 or 52, CPC, but not under Section 53, CPC.

JUDGMENT :

S.C. Mohapatra, J. - This is a civil revision by a legallre- presentative of a deceased judgment-debtor.

2. Petitioner is daughter of the judgment-debtor who died leaving behind widow, two sons and petitioner as legal representatives. For realisation of decretal dues against the judgment-debtor, decree- holder sought to proceed against properties of deceased judgment- debtor described in various lots in hands of his legal representatives. Since decree-holder was of opinion that Lot. No. 1 may be sufficient to get the decree satisfied the prayed for proceeding against that lot first for satisfaction of the decree before proceeding against other lots. Widow of judgment-debtor made a prayer that her 1/4th interest in the properties of her husband may be excluded from being put to sell. Executing Court accepted prayer of the decree-holder as well as the widow of judgment-debtor. Thus 1 /4th interest of the widow in Lot No. 1 stood excluded.

3. After the interest of the widow was excluded petitioner filed an application that her 1/4th interest in the properties of her father may also be excluded and Lot No 1 should not be proceeded against firsts Executing Court having refused both the prayers, this Civil Revision has been filed as no appeal lies against the order.

4. Objection to permission for proceeding against Lot No. 1 first has no force since no cogent ground has been made out touching jurisdiction of executing Court in that respect. Second objection, how- ever, requires careful consideration.

5. Mr. S. P. Misra, learned counsel for petitioner relied upon decision of this Court reported in Sudhamani Dei Vs. Sadananda Mohanty and Another, and submitted that like widow of a judgment-debtor a daughter is also a statutory heir under the Hindu Succession Act, 1956 and thus, these being no distinction between the property of a judgment-debtor in hand of legal representatives like widow and daughter same principle is to be applied.

6. In order to appreciate submissions of Mr. Misra, first it is to be examined how decretal dues of a deceased judgment-debtor can be realised by a decrees-holder in execution of the decree. Unless a Statute clearly prohibits recovery of dues from a judgment debtor, decree-holder has a right to realise the same in the manner provided in Section 51, CPC. A decree for payment of money can be executed by attachment and sale of any property belonging to the judgment-debtor which is one of the modes. Property passes to the legal representatives on death of the judgment-debtor. Therefore, it has been provided in Section 50, CPC. that decree against the judgment-debtor which has not been fully satistied. can be executed against legal representatives of the deceased judgment- debtor. In Section 50(2) CPC, however liability of the legal representative has been limited to the extent of property of the deceased which has come to their hands.

7. It has been observed in the decision repotted in N.K. Mohammad Sulaiman Vs. N.C. Mohammad Ismail and Others, that rule in Sac. 50, CPC is not a part of personal law but a law of procedure applicable to Muslims also. This observation makes it clear that Section 50, CPC authorises the executing Court to proceed against the property of a deceased judgment-debtor in hand of his legal representative without any distinction. Meaning of 'legal representative' has been defined in Section 2(11), CPC.

8. Since sons and other descendants governed under Hindu Law inherit ancestral property by survivorship. Section 53, CPC extended scope of Sections 50 and 52, CPC and added to the said provision explaining that certain ancestral properties in their hands shall be deemed to be property of the deceased whose legal representatives they are. This position has been clarified by the Supreme Court in the decision reported in Pannalal and Another Vs. Mst. Naraini and Others. However, widow and daughter not being descendants are not liable under Sec, 53, CPC. Their liability to discharge the de