Legal Representative in Cpc 1908

The exception to the general rule on the appointment of legal representatives in proceedings before the Company Law Commission under Article 397/398 shows that the proceedings continue even if the legal representatives of the deceased claimant are not charged. It is based on the Companies Act 1956, in particular sections 397 and 398 of the Act. A personal cause of action, such as the landlord`s application to the premises, must end with the death of the plaintiff, and his or her legal representative cannot continue the proceedings after the applicant`s death. Let us assume that the legal representatives are allowed to continue the proceedings. In this case, the lily receives a new look that has nothing to do with the initial advocacy. Indeed, it is difficult to see how the case could proceed without a substantial modification of the pleadings. In a very liberal interpretation of Order VI, rule 17 C.C.P. Such an amendment would go beyond the scope of admissible amendments to procedural documents. The burden of proof is different in both cases, in the first case, the burden of proof that the legal heirs must pay on behalf of the deceased, and in the second case, it is for the legal representative to prove that there was no succession that was to be given to the creditor and that the testator has no transfer in connection with such a transaction. The holder of the decree must ensure that the legal representative has acquired the deceased`s property sufficiently to pay his discharge, and only then can he take action against this person. The person who last dealt with the testator`s estate may be prosecuted for the execution of such a judgment and is obliged to act as the legal representative of the deceased in this case.

Woodroffe J.A., noting that the term “legal representative” is usually limited to both the heir and the executor and administrator, noted at page 856: Section 52 provides that if a judgment is rendered against a legal representative for the payment of an amount from the testator`s property, it can be enforced by seizure and sale of such property. In Kalu Ram n/a, Shri Ganga Ram Petitioner vs. Charan Singh and another, 1994, the Rajasthan High Court held that legal representatives may also be legal persons other than legal heirs. The decision on the identity of the legal representative for the purposes of the procedure is necessarily limited to the purposes of the procedure and cannot confer any rights. Inheritance of the estate of the deceased. Nor does the decision in this respect apply to the finality of the succession in subsequent proceedings. Therefore, the question of succession is not a decisive factor in deciding whether or not a person is a legal representative for the purposes of the proceedings before the court. It is necessary to examine whether the person claiming to represent the estate of the deceased has a sufficient interest in the conduct of the dispute. In the case of disputing applicants, it may also be necessary to decide which of the competing claimants is the person entitled to represent the estate for the purposes of the respective proceedings.

In C.I.T. V. Dalumal Shyamuchand (2005) 276 ITR 62 (MP); It was decided that if an assessor dies while an assessment proceeding is pending, it is the assessor`s responsibility to ensure that subsection 159(2) is complied with before making an assessment order. Therefore, the assessment officer`s assessment order was not warranted because the legal representatives were not present. In Amritlal Vadilal v. Kantilal Lalbhai AIR 1931 Bombay 280, it has been held that an injunction does not apply to the property and, in the absence of a legal provision, cannot be enforced against the surviving member of the joint family or against the buyer by the judgement debtor, but against the legal representatives who joined under Article 50 CCP and thus also against the assignees of the original judgement debtor under Article 52 of the transfer of assets. can be applied. Act.

In the event that the holder of the judgment is unable to execute the decree himself, the legal representative within the meaning of Article 50 of the Code of Civil Procedure of 1908 is obliged to act as his legal representative and to carry out the instructions of the enforcement courts, which may be: if a person is accused as a defendant after the death of the defendant, all rights and defences of the deceased under Rule 4(2) of Order XXII are available to that person. According to Section 2 No. 11 ZPO, a legal representative is a person who represents the estate of a deceased person. This includes anyone who interferes with the estate of a deceased person, as well as the person to whom the estate passes after the death of the party. That person is also capable of instituting proceedings or being prosecuted in a representative capacity. This definition is broad and broad; It includes legal heirs and natural persons who may or may not be heirs, but who have the right to inherit and represent the estate of the deceased. In other words, it refers to all persons and heirs who own property but do not own it, such as an executor or executor or court-appointed guardian of a minor or incapacitated person. A legal representative is a person who acts in the place of another person and represents the interests of another. A person who is responsible for someone else`s legal affairs. All these persons are covered by the declaration of legal representatives. The testator`s estate may be represented in good faith by a person who is not involved in fraud or collusion.

Article 2 § 11 of the Code of Civil Procedure defines the term legal representative as follows: And Article 50 of the Code of Civil Procedure of 1908 defines the representative against whom, in the case of the deceased holder of the judgment, it may be enforceable for the enforcement of the judgment in the event of a dispute. In other words, the legal representative acts in the position authorized by the deceased person who can no longer manage the estate and the lawsuit or the plaintiff. Legal representatives may be executors, administrators, reversibles, residual legatees, etc. In another sense, a person who takes the place of another person and represents the interests of another is called a legal representative. A person who oversees someone else`s legal affairs, such as an executor or administrator of an estate and a court-appointed guardian of a minor or incapable person. (2) If the judgment is enforced against such a legal representative, the latter shall be liable only to the extent of the property of the testator which has fallen into his hands and from which he has not been properly alienated; And in order to establish such liability, the court responsible for the execution of the decree may, of its own motion or at the request of the holder of the decree, require that legal representative to produce such invoices as it deems appropriate. A legal representative is a legal person representing the estate of the deceased and includes any person who harms the estate of the deceased and, if a party sues or continues as a representative, the person to whom the estate is transferred on the death of the party who instituted or commenced proceedings. [§ 2 No. 11 ZPO]. Section 50 of the ZPO deals with the implementation of provisions of all kinds, including permanent provisions. Section 146 of the CPP provides that an application that may be made by or against a person may be made by or against a person claiming claims under that person, unless otherwise provided in the Code. Order 21 Rule 16 governs the enforcement of an order by a purchaser that we do not deal with in this case. Order 21 Rule 32 governs the manner in which dispositions are enforced, matrimonial rights are restored and certain benefits are restored.

Article 50 of the Code of Civil Procedure, which is a specific provision relating to the enforcement of judgments against legal representatives, is read by Order 21 Rule 32 CCP.