Today law tips /DURAIVAIYAPURI Mhc Advt: In Prabhakara Adiga vs Gowri And Ors (2017) 4 SCC 97, the Honourable Supreme Court in paragraph 25 held as under:-

[02/05, 09:13] DURAIVAIYAPURI Mhc Advt: In Prabhakara Adiga vs Gowri And Ors (2017) 4 SCC 97, the Honourable Supreme Court in paragraph 25 held as under:-

25) 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 “actiopersonalismoritur cum persona” is limited to certain class of cases as indicated by this Court in Girijanandini Devi v. BijendraNarain
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.

Article by
E.Duraivaiyapuri,
Advocate,
YMCA Building,
Chennai – 1.
[02/05, 10:22] sekarreporter1: 👍