Section 52: Enforcement of decree against legal representative

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Statutory Defined Terms in this Section: (Click any term for official legal definition)

Legal Commentary & Landmark Judgments: Section 52

Section 52 governs the enforcement of decrees passed against a person in the capacity of a legal representative of a deceased person, limiting execution to the property of the deceased in their hands.

  • Decree Against Legal Representative As Such: Where a decree is passed against a party as the legal representative of a deceased person, and the decree is for the payment of money out of property of the deceased.
  • Primary Liability Limitation: It may be executed by the attachment and sale of any such property.
  • Personal Liability Exception [Sec 52(2)]: If 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, the decree may be executed against him personally to the extent of property unaccounted for.
  • Accounting Burden: The legal representative bears the burden of producing verified accounts proving due administration of estate assets.
Key Landmark Precedents:
  • Pannalal v. Mt. Naraini, AIR 1952 SC 170: The Supreme Court held that Section 52 protects legal representatives from personal liability for the deceased's debts provided they account for the assets inherited and demonstrate lawful administration.
  • Prithi Nath Singh v. Suraj Ahir, AIR 1963 SC 1041: Affirmed that Section 52 limits creditor recovery to the net value of the estate left by the deceased.
Courtroom Practice & Strategic Litigation Guidance:

When sued as a legal representative, plead Section 52 in the written statement and submit an inventory of assets left by the deceased to insulate your personal self-acquired properties from future execution.