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1 - 8 of 8 (0.25 seconds)Section 52 in The Indian Evidence Act, 1872 [Entire Act]
The Code of Civil Procedure, 1908
Sanjeev Jain vs Rajni Dhingra & Ors. on 19 December, 2018
In the judgment delivered in Sanjeev Jain vs Rajni
Dhingra & Ors. AIRONLINE 2018 del 2732, Hon'ble High Court
of Delhi, it was held as under:-
Lallu Bhagvan vs Tribhuvan Motiram Deceased By His Sons ... on 7 January, 1889
In the case of Lallu Bhagvan v. Tribjuvan
Motiram (1889) I.L.R. 13 Bom. 633 (D.B.), a Division Bench
of this Court held that the decree against the legal representatives of
a deceased debtor can be passed even if they have not inherited any
property. If they have not inherited any property, the only result is
that the decree can not be executed against them. This is a matter to
be decided at the stage of execution. It does not affect the right of a
court to pass a decree.
The State Bank Of India Act, 1955
Rajesh Steel Centre vs Smt. Rashmi K. Agarwal on 5 September, 1986
In our view, therefore, the difficulty expressed by the learned
single Judge in the case of Rajesh Steel Centre v. Rashmi K.
Agarwal (supra) is misconceived. A summary Suit can be filed
against an heir and legal representative of a deceased defendant
and the provisions of Order XXXVII apply in full to such a suit
also. The decree however, can be executed only to the extent of
the estate of the deceased in the hands of the judgment debtor.
We therefore agree with Variava J. that the summons for
Judgment against the heirs of defendant No.3 is maintainable."
THE COMMERCIAL COURTS ACT, 2015
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