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Criminal Procedure Code QUESTION #9477
Question 1
After a final decree is passed in favour of A, A dies. A's legal representative L applies to execute the decree. The judgment-debtor B argues that the decree died with A and L has no locus standi. What is the correct position?
  • L can apply for execution; a decree-holder's legal representative is entitled to execute the decree, but in case of a money decree the representative's liability is limited to the assets of the deceased in his hands✔️
  • L can execute only with the prior permission of the High Court
  • The decree dies with the decree-holder; L must file a fresh suit
  • The decree can only be executed by the original decree-holder
Correct Answer Explanation
Section 50 CPC expressly extends the right of execution to legal representatives of the decree-holder. A legal representative steps into the shoes of the deceased decree-holder and may apply for execution of a money or other decree.