Legal World

Section 52 CPC — Enforcement of decree against legal representative

The Code of Civil Procedure, 1908 · Official PDF page 54

Open in NyayaOfficial PDF, page 54

52. Enforcement of decree against legal representative. —(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 b e 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.

Text extracted from the official PDF (India Code source edition; cover states: 10th January, 2026). Line breaks and footnote marks may differ; the PDF is the authority.

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