Section 50 of CPC : Section 50: Legal representative.
CPC
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Explanation using Example
Example 1:
Scenario: Rajesh, a businessman, borrowed ₹10 lakhs from Suresh and failed to repay the amount. Suresh filed a lawsuit and obtained a decree from the court ordering Rajesh to repay the ₹10 lakhs. However, before Rajesh could repay the amount, he passed away.
Application of Section 50: Suresh can apply to the court to execute the decree against Rajesh's legal representative, his son, Amit. The court will then direct Amit to repay the ₹10 lakhs, but only to the extent of the property that Amit inherited from Rajesh. If Amit inherited property worth ₹5 lakhs from Rajesh, he would be liable to pay only ₹5 lakhs to Suresh.
Example 2:
Scenario: Meena obtained a court decree against her tenant, Ravi, for unpaid rent amounting to ₹2 lakhs. Before the decree could be executed, Ravi died. Ravi's legal representative is his wife, Priya.
Application of Section 50: Meena can approach the court to execute the decree against Priya. The court will assess the property that Priya inherited from Ravi. If Priya inherited ₹3 lakhs worth of property from Ravi, she would be liable to pay the full ₹2 lakhs to Meena. However, if Priya inherited only ₹1 lakh worth of property, she would be liable to pay only ₹1 lakh to Meena.
Example 3:
Scenario: Anil secured a court decree against his contractor, Vinod, for ₹15 lakhs due to breach of contract. Vinod passed away before the decree was satisfied. Vinod's legal representative is his daughter, Neha.
Application of Section 50: Anil can request the court to execute the decree against Neha. The court will determine the value of the property Neha inherited from Vinod. If Neha inherited ₹20 lakhs worth of property, she would be liable to pay the full ₹15 lakhs to Anil. If Neha inherited only ₹10 lakhs worth of property, she would be liable to pay only ₹10 lakhs to Anil. The court may also require Neha to produce accounts to ascertain the exact value of the inherited property.