A judgment-debtor dies after decree. Can the decree be executed?

A judgment-debtor dies after decree. Can the decree be executed?

Answer: Yes, execution can proceed against the legal representative under Section 41, 43 and Order XXI Rule 20(1)(b) of CPC, upon substitution and due process.

If you are the decree-holder and the judgment-debtor dies before the decree is fully satisfied, the law allows you to proceed with execution against the legal representative of the deceased. This is governed by section 41, 43 and Order XXI Rule 20(1)(b) of the Civil Procedure Code, Cap. 33 R.E. 2023. According to section 41(1), you must apply to the same court that passed the decree, requesting that execution continue against the legal representative.

Under Order XXI Rule 20(1)(b), substitution of the deceased judgment-debtor with the legal representative is a necessary procedural step before execution can proceed. In practice, you will file a chamber summons supported by an affidavit explaining the death, identifying the legal representative (such as an administrator, executor, or next of kin), and praying for execution against them. The court will issue notice to the legal representative to show cause why the decree should not be executed against him. If the court is satisfied, execution proceeds, but only to the extent of the property of the deceased that has come into the hands of the legal representative and has not been lawfully disposed of, as clarified under section 41(2). Section 43(2) adds more that, where no such property remains in the possession of the judgment debtor and he fails to satisfy the court that he has duly applied such property of the deceased as is proved to have come into his possession, the decree may be executed against the judgment debtor to the extent of the property in respect of which he has failed so to satisfy the court in the same manner as if the decree had been against him personally.

You will need to prepare key documents including a chamber summons and affidavit, a certified copy of the decree, proof of the judgment-debtor’s death (such as a death certificate), and documents proving the status of the legal representative, like letters of administration. The application must be made to the court that passed the decree, and upon approval, the court may even compel the legal representative to produce accounts of the estate to determine the scope of liability. Execution then resumes as if against the deceased, limited to their estate, and not against the personal property of the representative.

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