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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
HIRDESH
Paras Chand Jain – Appellant
Versus
Alok Garg – Respondent
ORDER :
1. The instant miscellaneous petition under Article 227 of the Constitution of India has been filed by the petitioner–decree holder challenging the order dated 07.11.2024 passed by the Seventh District Judge, Gwalior in Execution Case No. 400021 of 2023, whereby the execution application filed by the petitioner has been dismissed on the ground of abatement.
2. The instant miscellaneous petition has been renumbered from Civil Revision No. 105 of 2025, which was earlier disposed of by a Coordinate Bench of this Court vide order dated 12th November, 2025. Prior to the disposal of the civil revision, it is found from the record that despite various efforts being made for service, including paper publication, the respondents could not be served. Therefore, they were treated as served, and the counsel appearing for respondent No. 7 sought time to file Vaklatnama on behalf of respondent No. 7. As a result, Shri N.K. Gupta, learned Senior Counsel, assisted by Shri SS Bhadauria, learned counsel, appears for respondent No.7 in the present matter. The other respondents are deemed to be served, as despite service of notice, no one appears on their behalf.
3. A few facts giving rise to the
A second execution petition filed after the limitation period is barred, and withdrawal of an earlier execution does not extend the limitation period.
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.
Legal heirs can execute decrees on behalf of deceased predecessors under Section 146 CPC, despite not being original parties in prior proceedings.
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.
The main legal point established is that the Code of Civil Procedure is not applicable to the execution proceedings of the Arbitration Award under the Act, and there is no abatement if the legal repr....
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