Niyam v2 is live — start for just ₹100 — 200 credits to try

may 1996

Supreme Court of India · 1996-05-01

RADHEY SHYAM JAISWAL(DEAD) & ORS. vs SMT. RAM DULARI DEVI & ORS.

Citation / case number
SC 1983/66126
Court
Supreme Court of India
Petitioner
RADHEY SHYAM JAISWAL(DEAD) & ORS.
Respondent
SMT. RAM DULARI DEVI & ORS.
Author
S.C. SEN
Bench
S.C. SEN

Judgment text excerpt

The Supreme Court held that under Section 47 of the Code of Civil Procedure, the sons of Raghunandan Ram were liable for their father's debts, allowing the decree-holder to execute the decree against the entire half share of the ancestral property. The Court affirmed the High Court's decision that the heirs could be treated as parties in the execution proceedings without needing to formally add them as legal representatives. The Court upheld the execution of the sale of the property after the sons defaulted on their payment obligations under a compromise agreement.

RADHEY SHYAM JAISWAL(DEAD) & ORS. vs SMT. RAM DULARI DEVI & ORS. · Niyam