| Case ID |
1042a397-2664-437b-94b1-cf163a3680c2 |
| Body |
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| Case Number |
Civil Revision No. 57 of 2012 |
| Decision Date |
Aug 21, 2014 |
| Hearing Date |
Aug 06, 2014 |
| Decision |
The court upheld the execution application against the legal heirs of the deceased judgment-debtor, stating that the decree could be enforced against them to the extent of the deceased's property that had come into their hands. The court found no illegality in the order of the executing court, which had allowed the execution application despite objections raised by the applicants. The revision was dismissed as the decree was deemed maintainable under the provisions of the Code of Civil Procedure, specifically sections relating to the enforcement against legal representatives. |
| Summary |
In the case of Civil Revision No. 57 of 2012, the Sindh High Court addressed the enforcement of a decree against the legal heirs of a deceased judgment-debtor. The court examined the provisions of the Code of Civil Procedure of 1882, particularly sections 50 and 52, which allow for the execution of decrees against legal representatives. The court noted that the decree holder could apply for enforcement against the legal heirs to the extent of any property left by the deceased. The ruling clarified that the executing court had the authority to compel legal heirs to provide accounts of the deceased's estate. The decision emphasized the importance of enforcing judgments even in cases where the judgment debtor has passed away, ensuring that legal heirs are held accountable within the limits of the property they inherited. This case highlights key aspects of civil procedure law regarding the execution of decrees and the rights of decree holders, making it significant for legal practitioners and scholars alike. Keywords such as 'execution of decree', 'legal heirs', and 'Code of Civil Procedure' are essential for understanding the implications of this case. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL RASOOL MEMON, JUSTICE
|
| Lawyers |
M. Yousaf Iqbal for Applicant,
Javed Musarrat for Respondent
|
| Petitioners |
NIAZUL HAQUE through Legal Heirs
|
| Respondents |
RAFI AHMED QURESHI
|
| Citations |
2016 SLD 1460,
2016 MLD 493
|
| Other Citations |
2004 YLR 1728,
1997 CLC 152,
1999 YLR 2336
|
| Laws Involved |
Code of Civil Procedure of 1882
|
| Sections |
50,
52,
151,
O.XX,R.4
|