Whether decree-holder can execute the decree for a permanent injunction against legal heirs of judgment debtor?

This Court has laid down that legal representatives of decree holder can execute decree for permanent injunction relating to property or right which is heritable and partible. When such is the situation, in our opinion, it would be open to decree holder to execute decree against successor of interest of judgment-debtor also.

In our considered opinion the right which had been adjudicated in the suit in the present matter and the findings which have been recorded as basis for grant of injunction as to the disputed property which is heritable and partible would enure not only to the benefit of the legal heir of decree-holders but also would bind the legal representatives of the judgment-debtor. It is apparent from section 50 CPC that when a judgment-debtor dies before the decree has been satisfied, it can be executed against legal representatives. Section 50 is not confined to a particular kind of decree. Decree for injunction can also be executed against legal representatives of the deceased judgment-debtor. The maxim “actio personalis moritur cum persona” is limited to certain class of cases as indicated by this Court in Girijanandini Devi v.Bijendra Narain Choudhary (supra) and when the right litigated upon is heritable, the decree would not normally abate and can be enforced by LRs. 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. No doubt, it is true that a decree for injunction normally does not run with the land. In the absence of statutory provisions it cannot be enforced. However, in view of the specific provisions contained in section 50 CPC, such a decree can be executed against legal representatives.

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

(Before Arun Mishra and Amitava Roy, JJ.)

Prabhakara Adiga v. Gowri & Ors.

Civil Appeal Nos. 3007-3008 of 2017

Decided on February 20, 2017
Citation: 2017 SCC OnLine SC 153,
(2017) 4 SCC97,AIR 2017 SC 1061

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