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Supreme Court Of India

(From : AIR 2014 Kar 170)*

Hon'ble Judge(s): Arun Mishra, Amitava Roy , JJ

Civil P.C. (5 of 1908) , S.50, S.146, O.21 R.16, O.21 R.32— Execution of decree - Legal representatives - Decree for permanent injunction - Can be executed against LRs. of judgment-debtor in view of specific provision under S. 50. Maxim - 'actio personalis moritur cum persona' - Applicability - Limited to certain class of cases.AIR 2014 Kar 170, Reversed. Right which had been adjudicated in suit in present matter and findings which have been recorded as basis for grant of injunction as to disputed property which is heritable and partible would enure not only to benefit of legal heir of decree-holders but also would bind legal representatives of judgment-debtor. It is apparent from S. 50, CPC that when a judgment-debtor dies before decree has been satisfied, it can be executed against legal representatives. S. 50 is not confined to a particular kind of decree. Decree for injunction can also be executed against legal representatives ofdeceased judgment-debtor. The maxim 'actio personalis moritur cum persona' is limited to certain class of cases and when right litigated upon is heritable, decree would not normally abate and can be enforced by LRs. of decree-holder and against judgment-debtor or his legal representatives. It would be against the public policy to ask decree-holder to litigate once over again against the legal representatives of jud....