(Querist) 17 February 2008
This query is : Resolved
in a case of suit for recovery of money against the son of a deceased father who is alleged to be a loanee, how far is the son liable to pay and that too if the the creditor has not demanded the money from his father directly but to some relative of the original loanee i.e. the deceased father, whether it amounts to no cause of action, please advise with citations if any.
(Expert) 27 January 2011
As per section 50(2)of cpc . Where the decree is executed against such legal representative, he shall be lible only to the extent of the property of the deceased which has come to his hand and has not been duly disposed of, and, for the pupose of ascertaining such liability, the court may ececuting the decree may,of its own motion or on the application of the decree holder ,coplel such legal representive to produce ammount as its thinks fit.