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Supreme Court of India 2017-02-20 allowed

Prabhakara Adiga vs Gowri & Ors

Bench: 2 — Arun Mishra

In Brief

A suit for permanent injunction relating to heritable and partible property was decreed against the defendant. After the judgment-debtor's death, his legal heirs violated the decree by attempting to dispossess the decree-holder. When the decree-holder filed an execution petition, the heirs objected, claiming the decree was personal and could not bind them. The Supreme Court held that a decree for permanent injunction relating to heritable and partible rights can be executed against the legal representatives of the deceased judgment-debtor under Section 50 CPC. The maxim 'actio personalis moritur cum persona' has limited application and does not apply to heritable property rights. Public policy requires the decree-holder not to litigate afresh. The Court upheld the executing court's direction to furnish an undertaking and allowed the appeal.

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Civil Procedure Execution of Decrees Injunction Succession and Legal Representatives Property Law

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