Section 52
Enforcement of decree against legal representative.
The Code of Civil Procedure, 1908
About this Act
An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.
(1) 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 the property
of the deceased, it may be executed by the attachment and sale of any such property.
(2) 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.
(2) 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.