Execution of decree
P Devi
(Querist) 03 July 2015
This query is : Resolved
Original JD died leaving 3 LRs (namely X,Y,Z) during the Execution Proceedings.
One LR X came in possession of the suit property after his death.
Now one LR Z has also died.
My query is that whether can I execute decree against X only (Without impleading the LRs of deceased Z ) ?
Dr J C Vashista
(Expert) 04 July 2015
No, the decree is a charge over the property of deceased JD and not a person. You are required to implead Y as well as LRs of Z including X.
P Devi
(Querist) 04 July 2015
Thanks for your valuable advice.
J K Agrawal
(Expert) 05 July 2015
without looking at wordings of decree it is not possible to suggest properly but most of the decrees can be executed against any one or against all the Judgement debtors.