AI Overview...
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Section 50 of the CPC - Enables decree-holders to enforce decrees against the legal representatives of a deceased judgment debtor; applicable to all decrees capable of execution and all property of the deceased. The decree-holder must apply under Section 50 to execute against legal representatives. MINOR SMT. SHANTI DEVI VS KHANDUBALA DASI - Calcutta, Mohammad Aleem VS Maqsood Alam - Rajasthan, Karipineni Rajayya VS Kalpatapu Annapurnamma Minor By - Madras
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Procedure for impleading legal representatives - Order 21, Rule 22 of the CPC prescribes the process for bringing legal representatives on record during execution proceedings. Proper service of notice is essential; failure can affect enforceability. MINOR SMT. SHANTI DEVI VS KHANDUBALA DASI - Calcutta, KAMALA DUTTA VS BALLYGUNGE ESTATES (P. ) LTD. - Calcutta, Mohammad Aleem VS Maqsood Alam - Rajasthan
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Legal representatives' liability - They are liable to satisfy decrees from the property vested in them upon the death of the judgment debtor. Property coming into their possession is considered as vested at the time of death, and execution proceedings can target such property. MISS KRISHNA BOSE VS RAJENDRA PRASAD BOSE - Orissa, Karipineni Rajayya VS Kalpatapu Annapurnamma Minor By - Madras
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Non-binding cases and limitations - Certain decisions highlight that not all legal representatives are automatically bound; for example, properties acquired independently of the estate (e.g., property in the widow’s name not as legal representative) may not be subject to execution under Section 50. MISS KRISHNA BOSE VS RAJENDRA PRASAD BOSE - Orissa, Karipineni Rajayya VS Kalpatapu Annapurnamma Minor By - Madras
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Amendments and legal scope - Amendments to the CPC do not abrogate Section 50; the requirement to apply under Section 50 remains intact for enforcing decrees against legal representatives. MINOR SMT. SHANTI DEVI VS KHANDUBALA DASI - Calcutta, Mohammad Aleem VS Maqsood Alam - Rajasthan
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Non-compliance and procedural issues - Non-compliance with Section 50 provisions, such as failing to bring legal representatives on record, can render sales or enforcement actions invalid. Proper procedure is critical for validity. Mohammad Aleem VS Maqsood Alam - Rajasthan, Marwadi Motilal Hirachand VS Sadabai. - Bombay
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Summary - Section 50 of the CPC is a vital provision for enforcing decrees against the legal representatives of deceased judgment debtors. Proper impleading, service, and adherence to procedural requirements are essential. While legal representatives are generally bound by decrees, certain exceptions exist, especially regarding property acquired independently or not properly brought into record. Amendments have not eliminated the applicability of Section 50, and courts emphasize strict compliance for enforceability.
References:
- MINOR SMT. SHANTI DEVI VS KHANDUBALA DASI - Calcutta
- KAMALA DUTTA VS BALLYGUNGE ESTATES (P. ) LTD. - Calcutta
- A. R. Ghazani Mohammed Sahib VS The Official Receiver, Coimbatore - Madras
- Indirawati Devi VS Rajeev Singhal - Uttarakhand
- MISS KRISHNA BOSE VS RAJENDRA PRASAD BOSE - Orissa
- HAFIJAN BIBI VS S. K. ABDUL JABBAR - Calcutta
- Marwadi Motilal Hirachand VS Sadabai. - Bombay
- Vijay A. Mittal VS Kulwant Rai (Dead) Thr. LRs. - Supreme Court
- Mohammad Aleem VS Maqsood Alam - Rajasthan
- Karipineni Rajayya VS Kalpatapu Annapurnamma Minor By - Madras
Search Results for "Not Binding on Legal Representative Section 50"
1960 0 Supreme(Cal) 210 • India - Calcutta
S.C.LAHIRI, R.S.BACHAWAT, P.N.MUKHERJEE
Section 50 of the Code of Civil Procedure, 1908 enables the decree-holder to enforce the decree against the legal representative ... Order 21, Rule 22 of the Code of Civil Procedure, 1908 provides for the procedure to be followed for impleading the legal representative ... Section 50 of the Code of Civil Procedure, 1908 applies to all decrees capable of execution and to all property of the deceased which ... But these amendments do not#HL_E....
1973 0 Supreme(Cal) 201 • India - Calcutta
KALYAN JYOTI SENGUPTA, A.K.SINHA
representative of the deceased judgment-debtor, Keshab Chandra Dutta. ... Finding of the Court: The court held that the heirs and legal representatives of the deceased judgment-debtor had been ... The court noted that the appellant had not been able to serve notice on the four daughters and that the issue of such notice would ... But these amendments do not abrogate Section 50 of the Code. The decree-holder must still apply under Section 50 to exec....
1957 0 Supreme(Mad) 340 • India - Madras
RAJAGOPALA AYYANGAR
Madras Cultivating Tenants Protection Act, 1955-Section 3 and Provincial Insolvency Act, 1920-Section 55 - Eviction of tenant on ... If the contract to adjust was binding on the insolvents it was equally binding on the Official Receiver who is merely their representative in law. ... The agreement to adjust was, therefore, binding on the Official Receiver and there is really no legal basis upon which that adjustment could be disputed by the Official Receiver or be held....
2022 0 Supreme(UK) 146 • India - Uttarakhand
SHARAD KUMAR SHARMA
Motor Vehicles Act - Award dated 29.07.2011 - Section 173 - The court discussed the definition of 'legal representative' as provided ... The court emphasized that every legal representative who suffers on account of the death of a person due to a motor vehicle accident ... Ratio Decidendi: The court emphasized that every legal representative who suffers on account of the death of a person due ... of the legal representative, as pro....
1993 0 Supreme(Ori) 242 • India - Orissa
S.C.MOHAPATRA
Widow or other legal representative who are not descendants under the Hindu Law are not required to be proceeded against u/s 53, ... Ratio Decidendi: Property of husband came to hand of the widow not as legal representative but independent of it, such property ... EXECUTION OF DECREE - AGAINST LEGAL REPRESENTATIVES - PROPERTY IN HANDS OF WIDOW AND DAUGHTER - SCOPE OF PROCEEDING - SECTION ... This observation makes it clear that Section#HL_....
1977 0 Supreme(Cal) 390 • India - Calcutta
M.N.RAY
LEGAL REPRESENTATIVE - LICENSE - EXECUTION OF DECREE - SECTION 2(11) AND SECTION 50 OF THE CODE OF CIVIL PROCEDURE, 1908 - INTERPRETATION ... representative at least for continuing the execution under section 50. 2. ... representative at least for continuing the execution under section 50 of the Code of Civil Procedure. ... ... ( 16 ) THE definition of "legal Represen....
1968 0 Supreme(Bom) 8 • India - Bombay
M.G.CHITALE, J.L.NAIN
on the defendant since he was not brought on record as Hirachand's legal representative at the time of the sale's confirmation. ... CODE, 1908 - SECTION 50(1) OF CIVIL PROCEDURE CODE, 1908 - ORDER 21, RULE 92(3) OF CIVIL PROCEDURE CODE, 1908: Fact of the ... Finding of the Court: The trial court dismissed the plaintiff's suit, holding that the auction sale was not binding ... Sub-section (1) of Section ....
2019 1 Supreme 670 • India - Supreme Court
A.M.SAPRE, INDU MALHOTRA
court and High Court – Binding on Supreme Court. ... (Para 19) ... (b) Specific Relief Act, 1963 – Section ... raising objection in his individual capacity or representative cxaopacity under Order XXII Rule 4(2), ... Third, one legal representative, who did not file his written statement remained exparte. In these circumstances, it was not necessary to implead him as party respondent in the first appeal. ... 30. ... not for any legal#HL_END....
1988 0 Supreme(Raj) 72 • India - Rajasthan
S.C.AGARWAL
Whether there has been non-compliance of the provisions of Section 50, CPC in Sub-section (1) of Section 50? 7. ... DYING DURING PENDENCY OF PROCEEDINGS - APPLICATION FOR BRINGING ON RECORD LEGAL REPRESENTATIVES - SECTION 47, CPC - REPRESENTATIVE ... , on the basis of the provisions of Section 50, CPC must be rejected. 7. ... Teja Singh, AIR 1946 Lah 142, wherein it has been laid down that the word “representative”....
1925 0 Supreme(Mad) 428 • India - Madras
PHILLIPS
had become vested in the legal representative of the debtor, and there could be no valid sale as against him. ... sale in execution - property of deceased judgment-debtor - Order XXI, Rule 22, Section 50 of the C.P.C. - nullity Fact of ... Ratio Decidendi: The court relied on Order XXI, Rule 22 and Section 50 of the C.P.C., and the decision of the Privy Council ... The property that was sought to be sold is property which at the date of the sale had become vested in the lega....
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