Legal representatives of judgment-debtor liable to satisfy decree passed against him in terms of Section 50 CPC

Bombay High Court: A Single Judge Bench comprising of C.V. Bhadang, J. held that the petitioners in the present writ petition was liable to pay the amount decreed against the judgment-debtor who was since deceased.

The petitioners were legal representatives Eric Sequeira. He was Chairman of the petitioner company and a judgment debtor died after the decree was passed. Now the decree-holder sought to execute the decree against the petitioners. The Executing Court held that the since petitioners succeeded to assess left behind by Eric Sequeira, they are liable to satisfy the decree. C.A. Ferreira, Advocate for the petitioners contended that legal representatives could not be held responsible to satisfy the decree. On the other hand, Yogesh V. Nadkarni, Advocate for respondents supported the impugned order.

On hearing the parties, the High Court found no case to interfere in the impugned order. It was of the opinion that the Executing Court was right in holding that the petitioners were liable to satisfy the decree by which the Company and Eric Sequeira were jointly and severally held liable today the amount of decree. The Execution Court was directed to proceed having regard to the terms of Section 50 CPC. The petition was dismissed. [Goan Residential Resorts (P) Ltd. v. Raghbir Singh Panwar, 2018 SCC OnLine Bom 5756, Order dated 30-11-2018]

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