Legal Representatives Of Deceased Judgement Debtor Who Was Proceeded Against Ex Parte Can Be Brought On Record: HP High Court

The Himachal Pradesh High Court has held that in execution proceedings, if a judgment debtor was proceeded against ex parte and subsequently died, his legal representatives must still be brought on record.

Rejecting the contention of the plaintiff, Justice Ajay Mohan Goel remarked that: “Simply because, the only judgment-debtor was proceeded against ex- parte, this does not gives any right to the petitioner not to bring on record his legal representatives after his death”.

The plaintiff had obtained an ex parte decree against the deceased defendant. Even during the execution proceedings, and was proceeded ex-parte even during the execution proceedings and the judgment debtor died in the midst of execution proceedings.

The civil court directed the decree holder to bring on record the legal representatives of the deceased judgment-debtor.

Thereafter, the petitioner approached the high court, contending that there is no provision in the Civil Procedure Code which talks about bringing on record legal representatives of the deceased-judgement debtor, and the order passed by the court was not sustainable in the eyes of law.

Further contending that, as the judgment debtor was now dead, the decree holder had the legal right to get the decree executed without any hindrance.

The High Court reiterated that according to section 50 CPC “where a judgement debtor dies before the decree has been fully satisfied, the holder of the decree may apply to the Court which passed which passed it to execute the same against the legal representatives of the deceased.”

In V. Uthirapathi Vs. Ashrab Ali & Ors, 1998 the Supreme Court held that the legal representatives can be brought on record at any stage during execution proceedings and the proceedings do not abate due to death of any party.

Further the Court remarked that the perusal of Order XXII, Rule 12 of CPC exempts execution proceedings from the principle of abatement and allows the legal representatives to be brought on record at any stage.

Thus, the High Court dismissed the petition and held that after the death of judgement debtor his legal representatives are to be brought on record.

Case Name: Smt. Ganga Jogta v/s Shri Nand Lal (deceased) through his legal heirs

Case No.: CMPMO No. 294 of 2025

Date of Decision: 13.08.2025

For the Petitioner: Mr. Bhag Chand Sharma, Advocate.

For the Respondents: Mr. Ravi Thakur, Advocate

Click Here To Read/Download Order