21 rule 32 cpc

Neeraj Kaushal (Querist) 12 February 2025 This query is : Resolved
I have filed an application under Order21 Rule 32 of the CPC, and the matter is fixed for final arguments. The decree was for a mandatory injunction to construct a retaining wall around the land of the decree holders. All judgment debtors are ex-parte. Now, Judgment Debtor No. 6 has passed away. If I file an application under Section 50 of the CPC to bring the legal heirs on record, they may start contesting the execution.

I need your advice on whether a provision similar to Order XXII Rule 4(4) of the CPC can apply in execution proceedings. Alternatively, should I simply delete the expired Judgment Debtor No. 6 from the array of judgment debtors? Kindly guide me on the appropriate course of action in this matter.

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A user has filed an application under Order 21 Rule 32 of the CPC for a mandatory injunction, but one of the judgment debtors has passed away. The user is seeking advice on whether to file an application under Section 50 of the CPC to bring the legal heirs on record, or if they can simply remove the deceased debtor. The matter is currently at the final arguments stage.

Neeraj Kaushal (Querist) 13 February 2025
I waiting for reply of experts

Neeraj Kaushal (Querist) 13 February 2025
I have filed an application under Order21 Rule 32 of the CPC, and the matter is fixed for final arguments. The decree was for a mandatory injunction to construct a retaining wall around the land of the decree holders. All judgment debtors are ex-parte. Now, Judgment Debtor No. 6 has passed away. If I file an application under Section 50 of the CPC to bring the legal heirs on record, they may start contesting the execution. I need your advice on whether a provision similar to Order XXII Rule 4(4) of the CPC can apply in execution proceedings. Alternatively, should I simply delete the expired Judgment Debtor No. 6 from the array of judgment debtors? Kindly guide me on the appropriate course of action in this matter.

Read more at: https://www.lawyersclubindia.com/experts/21-rule-32-cpc-764931.asp

T. Kalaiselvan, Advocate (Expert) 14 February 2025
You can file a petition under section 50(1) CPC for impleading the LRs of the deceased judgement debtor.

P. Venu (Expert) 18 February 2025
Admittedly, why it is an decree of mandatory injunction? Why the necessity of filing execution proceedings?

T. Kalaiselvan, Advocate (Expert) 16 June 2025
You have stated that the case is at the arguments stage. Under this circumstance, if a defendant is reported to have died, then it becomes the duty of the plaintiff to implead the LRs of the deceased defendant, otherwise it would be considered as bad for not impleading necessary parties to the suit.
Hene you may have to file a petition to implead them.
This is done by the plaintiff filing an application, usually under Order XXII, Rule 4 of the Civil Procedure Code (CPC), to have the LRs substituted as defendants. The court will then issue notices to the proposed LRs, and if the application is deemed valid, the suit will proceed with the LRs substituted in place of the deceased

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