Tuesday 29 October 2019

Whether summary suit is maintainable against legal representative of deceased defendant?

The Division Bench of the Bombay High Court in paragraph No. 9 of the judgment observed as under:-

"9. In our view, therefore, the difficulty expressed by the learned Single Judge in the case of Rajesh Steel Centre (supra) is misconceived. A summary suit can be filed against the heir and legal representative of a deceased defendant and the provisions of Order XXXVII CPC apply in full to such a suit also. The decree, however, can be executed only to the extent of the estate of the deceased in the hands of judgment debtor. We, therefore, agree with Variava-J that the summons for judgment against the heirs of the defendant No. 3 is maintainable."
16. The judgment of the Division Bench of Bombay High Court (supra) is the complete answer to the arguments raised by the learned counsel for the respondents that in no case the suit against the legal representatives is maintainable.

CR No. 30/2018

Decided On: 05.09.2018

 Rajesh Madanlal Anand  Vs.  Rakesh Madanlal Anand and Ors.

Hon'ble Judges/Coram:
Sanjeev Kumar, J.

Citation: AIR 2019(NOC)228 (J&K)
Read full judgment here: Click here
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