Execution proceedings. Death of decree holder after the decree. Conflicting claims by legal representatives can be adjudicated by the executing Court. Supreme Court. 22:1:2020

Varadarajan vs Kanakavalli and others. Civil Appeal 5673/2009 decided on 22 October 2020. AIR 2020 SC 740

Judgment Link: https://main.sci.gov.in/supremecourt/2008/7407/7407_2008_7_1501_19791_Judgement_22-Jan-2020.pdf

Relevant Paragraphs: 8. We may state that Order XXII of the Code is applicable to the pending proceedings in a suit. But the conflicting claims of legal representatives can be decided in execution proceedings in view of the principles of Rule 5 of Order XXII.


Published by rajdakshalegal

Senior Advocate, High Court of Karnataka, Bengaluru

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