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Decree Of Injunction Can Be Executed Against Legal Representatives Of Deceased Judgment-Debtor

The Supreme Court in Prabhakara Adiga vs. Gowri, has held that a decree for injunction can also be executed against legal representatives of the deceased judgment-debtor, in view of the specific provisions contained in section 50 of the Code of Procedure.

A bench comprising Justice Arun Mishra and Justice Amitava Roy observed that when the right litigated upon is heritable, the decree would not normally abate and can be enforced by legal representatives of decree-holder and against the judgment-debtor or his legal representatives. It would be against the public policy to ask the decree-holder to litigate once over again against the legal representatives of the judgment-debtor when the cause and injunction survives, the bench said.

Article referred: http://www.livelaw.in/decree-injunction-can-executed-legal-representatives-deceased-judgment-debtor-sc/

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