Holding

A decree for permanent injunction is enforceable against the legal representatives of a deceased judgment‑debtor under Section 50 CPC, provided the right adjudicated is heritable and partible.

Summary

The plaintiff obtained a decree for permanent injunction restraining the defendant from interfering with his immovable property. The judgment‑debtor died shortly thereafter, and his heirs attempted to dispossess the plaintiff, prompting the plaintiff to file an execution petition. The issue before the Supreme Court was whether a decree for permanent injunction could be executed against the legal representatives of a deceased judgment‑debtor under the Code of Civil Procedure. The Court held that Section 50 CPC expressly permits execution of any decree, including an injunction, against the legal representatives of a deceased judgment‑debtor when the right adjudicated is heritable and partible, and that the maxim *actio personalis moritur cum persona* does not apply in such cases. It further observed that public policy disfavors relitigation of the same right and that Order 21 Rule 32 provides the mode of execution. Consequently, the appeals were allowed, the High Court order set aside, and the execution court directed to enforce the injunction against the heirs, subject to an undertaking.

Issues considered

Whether a decree for permanent injunction is executable against the legal representatives of a deceased judgment‑debtor under Section 50 of the CPC.
Whether the maxim *actio personalis moritur cum persona* bars execution of an injunction decree against heirs when the right is heritable.
Whether the injunction decree runs with the land and can be enforced against heirs or transferees.
Whether execution can be effected under Order 21 Rule 32 of the CPC.

Legislation cited

Code of Civil Procedure, 1908s. 146, s. 47, s. 50
Transfer of Property Act, 1882s. 52

Subjects

permanent injunctionexecution of decreelegal representativeSection 50 CPCheritable rightsactio personalis moritur cum personacivil procedureproperty law

Judgment

[2017) l S.C.R. 724

A PRABHAKARA ADIGA
v.
. GOWRI & ORS.
(Civil Appeal Nos. 30,07-3008 of2017)
B FEBRUARY 20, 2017
[ARUN MISHRA AND AMITAVA ROY, JJ.]
Code of Civil Procedure, 1908 - s. 50 - legal representative -
Decree for permanent injunction - Executability of against the legal
repfesentative of judgment-debtor - Held: Decree for injunction
c can be executed against legal representatives of the deceased
judgment-deb/Or - When the right litigated upon is heritable, the
decree would not normally ab9te and can be enforced by LRs. of
decree-holder and against the judgment-debtor or his legal
representatives - It would be against the public policy to ask the
decree-holder to litigate once over again against the legal
representatives of the judgment-debtor when the cause and
injunction survives.
Allowing the appeals, the Court
HELD: 1.1 Section 50 CPC deals with execution of decrees
E
of all kinds including that of permanent injunction. Section 146
CPC provides that where any application which can be made by
or against any person, it may be made by or against any person
claiming under him except as otherwise provided in the Code.
Order 21 Rule 32 provides the mode for execution of decree for
F injunction, restitution of conjugal rights and specific performance.
Seetion 50 CPC which is a specific provision with respect to
execution of decree against leg.al representatives, would be
attracted read witl! Order 21 Rule 32 CPC. It is crystal clear
from a perusal of seetion 50(2) CPC that a decree for-permanent
injunction can be l'xecuted against the judgment debtor or his
G legal representatives. [Paras 11, 12] [731-G-H; 732-A-C)
1.2 The right which had been adjudicated in the suit in the
instant matter and the findings which have been recorded as basis
for grant of injunction as to the disputed property which is
heritable and partible would enure not only to the benefit of the
-H
724
PRABHAKARA ADIGA v. GOWRI & ORS. 725

legal heir of decree-holders but also would bind the legal A
representatives of the judgment-debtor. It is apparent from
section 50 CPC that when a judgment-debtor dies before the
decree bas been satisfied,. it can be executed against legal
representatives. Section 50 is not confined to a particular kind of
decree. Decree for injunction can also be executed against legal
B
representatives of the deceased judgment-debtor. The maxim
"actio persona/is moritur cum persona" is limited to certain class
of cases and when the right litigated upon is heritable, the decree
would not normally abate and can be enforced by LRs. of decree-
holder and against the judgment-debtor or bis legal
representatives. It would be against the public policy to ask the c
decree-bolder to litigate once over again against the legal
representatives of the judgment-debtor when the cause and
injunction survives. No doubt, it is true that a decree for injunction
normally does not run with the land. In the absence of statutory
provisions it cannot be enforced. However, in view of the specific
D
provisions contained in section 50 CPC, such a decree can be
executed against legal representatives. [Para 26] [743-D-H]
1.3 The impugned order passed by t.be High Court is set
aside and the direction issued by the executing court that an
undertaking be furnished by the legal representatives to abide
by the decree is proper, failing which the executing court would E
· proceed in a permissible mode in accordance with law to enforce
the decree under the provisions of Order XXI Rule 32 CPC.
[Para 27] [744-A-B]
Shivappa Basavantappa Devaravar v. Babajan 1.999
(4) Kar. L.J. 293 - disapproved. F

Muthukaruppa Pillai & Am: v. Ganesan (1995) Supp 3
SCC 6~; Ramachandra Deshpande v. Laxmana Rao
· Kulkarni AIR 2000 Karnataka 298; Kanhaiya Lal v.
. Babu Ram (dead) by LRs. & Anr. (1999) 8 SCC 529;
G.M. Venkatappa v. Anjanappa & Anr. ILR 2006 G
Karnataka 4456; Girijanandini Devi v. Bijendra Narain
Choudhary AIR 1967 SC 1124 ; l%7 SCR 93; D 'souza
J v. Mr. A. Joseph AIR 1993 Karnataka 68; Rajappan
and Ors. v. Sankaran Sudhakaran AIR 1997 Kerala
H
726 SUPREME COURT REPORTS [2017] I S.C.R.

A 315; Krishnabai Pandurang Salagare v. Savlaram
Gangaram Kumtekar ·AIR 1927 Bombay 93; Amrit/a/
Vadilal v. Kantilal Lalbhai AIR 1931 Bombay 280;
Ganesh Sakharam Saraf v. Narayan Shriram Mu/aye
AIR 1931 Bombay 484; Manila/ la/lubhai Patel v.
Kikabhai lallubhai AIR 1932 Bombay 482; Somnath
B
Honnappa Bennalkar v. Bhimrao Subrao Patil 1974
ILR Karnataka 1506; Hajaresab v. Udachappa 1984
ILR Karnataka 900; Basavant Dundappa v.
Sfljda/inf<appa Sidaraddi ILR (1986) Karnataka 1959;
Abdul Kardar Haji Hiro/i v. Mrs. Judaih Jacob Cohen
c 1969 DLR 749; Sakar/a/ v. Parvatibai (1902) 26 Born
283, Amritlal v. Kantilal AIR 1931 Born 280, Ganesh v.
Narayan AIR 1931 Born 484, Dayasbhai v. Bapa/a/
(1902) 26 Born 140, Virha/ 1: Sakharam (1899) 1 Born
LR 854, Jamsetji v. Hari Dayal (1908) 2 Born 181,
Chothy Theyyathan v. John Thomas AIR 1997 Ker 249,
D
Krishnabai v. Savlaram AIR 1927 Born 93, Kalpuri
Ellamma v. Nellutla Venkata Lakshmi 2008 (72) All Ind
Cas 669; if Umma v. T.K. Karappan AIR 1989 Ker
133 - referred to.
Case Law Reference
E
(1995) Supp 3 sec 69 referred to Para 12
AIR 2000 Karnataka 298 referred to Para 13
(1999) 8 sec 529 referred to Para 13
ILR 2006 Karnataka 4456 referred to Para 13
F
1967 SCR 93 referred to Para 14
AIR 1993 Karnataka 68 referred to Para 15
AIR 1997 Kerala 315 referred to Para 15
G AIR 1927 Bombay 93 referred to Para 15
AIR 1931 Bombay 280 referred to Para 17
AIR 1931 Bombay 484 referred to Para 17
AIR 1932 Bombay 482 referred to Para 18
H 1974 ILR Karnataka 1506 referred to Para 19
PRABHAKARA ADIGA v. GOWRI & ORS. 727

1984 ILR Karnataka 900 referred to Para 20 A
ILR (1986) Karna_taka 1959 referred to Para 21
1999 (4) Kar. L.J. 293 disapproved Para 22
1969 BLR 749 referred to Para 23
(1902) 26 Born 283 referred to Para 24 B

AIR 1931 Born 280 referred to Para 24
AIR 1931 Born 484 referred to Para 24
(1902) 26 Born 140 referred to Para 24
(1899) 1 Born LR 854 referred to Para 24 c
(1908) 2 Born 181 referred to Para 24
AIR 1997 Ker 249 referred to Para 24
AIR 1927 Born 93 referred to Para 24
D
2008 (72) All Ind Cas 669 referred to Para 24
AIR 1989 Ker 133 referred to Para 25
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 3007-
3008 of2017.
E
From the Judgment and Order dated 26.08.2014 of the High Court
ofKamataka at Bangalore in Writ Petition Nos. l 6336-l 6337/20l 4(GM-
CPC).
R. S. Hegde, Mrs. Farhat Jahan Rehrnani, Chandra Prakash,
Shanti Prakash, Rajeev Singh, Advs. for the Appellant.
F
S. N. Bhat, Adv., for the Respondents.
The Judgment of the Court was delivered by
ARUN MISHRA, J. i. Leave granted.
2. Singular question involved in the matter is executabi lity of decree
G
for permanent injunction agaiustthe legal representatives ofjudgment-
debtor.
3. A suit was filed by the app~liant registered as Original Suit
No.83/2007 in the Court of II Additional Civil Judge, Kundapura, with
respect to immovable property described in Schedule' A' of the plaint.
H
728 SUPREME COURT REPORTS [2017] I S.C.R.

A The plaintiff got converted the land for non-agricultural/residential
purposes. The plaintiff was in possession and enjoyment of the preperty
and defendant had no concern with the same. However, he tried to
remove and destroy the wooden fence and made an effort to forcibly
dispossess the plaintiff. Hence the suit was. filed. The defendant had
denied the averments and contended that there was no division of the
B
land and had asserted his ownership and possession. The conversion
order ofland was also ii legal.
4. lt was found on the basis of the registered partition deed that
the suit schedule property was allotted to the plaintiff and he was in
possession thereof. The defendant on partition in his own family had
c been allotted 1.58 acres and defendant has sold 1.68 acres ofland, though
the land allotted to him was only 1.58 acres in Survey No.32/5. Plaintiff
was found to be in possession of Schedule 'A' property on the date of
the suit. It was held that the defendant had no right, title or interest in the
disputed land. Accordingly, the suit of the plaintiff for permanent injur•ction
D was decreed videjudgment and decree dated 13.9.2012.
5. After suffering decree for permanent injunction on 13 .9.2012,
the judgment-debtor Divira Bolu died on 10.12.2012. The heirs of the
judgment-debtor in violation of the decree for permanent injunction tried
to forcibly dispossess the decree-holder from Schedule 'A' property.
E Thus, the decree-holder filed execution petition within two years of the
passing of the decree. It was resisted by the heirs of judgment-debtor
on the ground that they were not bound by the decree for permanent
injunction. The force of decree lapsed with the death of judgment-
debtor. The decree was incapable of enforcement against them as the
judgment debtor had died. Reliance was placed on the legal maxim "actio
F persona/is moritur cum persona". The executing court held that the
heirs of judgment-debtor were bound by the decree and directed them
to furnish an undertaking to the effect that they would not disobey the
decree of the court. Aggrieved thereby, the respondents preferred a
writ petition in th~ High Court of Karnataka at Bangalore which has
G been allowed by the impugned order. The High Court has held that the
decree for permanent injunction cannot be enforced against the legal
heirs ofjudgment-debtor as injunCtion does not travel with land.
6. It was submitted by learned counsel representing the appellant
that the High Court has erred in law in holding the decree for permanent
injunction to be inexecutable as against the respondents/heirs ofjudgment-
H
PRABHAKARA ADIGA v. GOWRI & ORS. 729
rARUN MISHRA, J.l

debtor. He has relied upon section SO, section 146, Order 21Rule16, A
Order 21Rule32 and section 47 CPC in order to take home the point.
On the other hand, learned counsel appearing on behalf of the respondents
has also referred to few decisions to contend that the decree for
permanent injunction does not go with the land. Thus, the same is
inexecutable against the legal heirs of the judgment-debtor.
B
7. It is apparent in the instant case that on the basis of the title of
the plaintiff over the disputed land, decree for permanent injunction had
been granted. It was found that the defendant had sold the property
which had fallen to his share in the partition of his own family. It was
held in the suit that the defendant was not the owner of the disputed
property and it belonged to the pl;:tintiff. In execution proceedings filed c
within 24 months of decree, a question arose whether after the deatli of
judgment debtor, his heirs could start interference in the property and
plaintiff was obliged to file another suit for injuncting them or could
execute the decree for permanent injunction which was granted in his
favour as against the heirs of judgment-debtor. D
8. Section SO of the CPC has been referred to and the same is
extracted hereunder :
"50. Legal representative- (I) Where a judgment- ·
debtor dies before the decree has been fully satisfied, the
holder of the decree may apply to the Court which passed E
it to execute the same against the legal representative of
the deceased. ·
(2) Where the decree is executed against such legal
representative, he shall be liable only to the extent of the
prope1iy of the deceased which has come to his hands and F
has not been duly disposed of; and, for the purpose of
ascertaining such liability, the Court executing the decree
may, of its own motion or on the application of the decree-
holder, compel such legal representative to produce such
accounts as it thinks fit."
G
9. Section 146 CPC has also been referred to and 'the same is
. extracted hereinbelow:
"146: Proceedings by or against representatives-
Save as otherwise provided by this Code or by any law for
the time being in force, where any proceeding may be taken H
730 SUPREME COURT REPORTS [20 I 7] I S.C.R.

A or application made by or against any person then the
proceeding may be taken or the application may be made
by or against any person claiming under him."
I 0. The provisions of Order XX! Rule 16 and Order XXl Rule 32
of CPC have also been referred to and they are also extracted below :
B "16. Application for execution by transferee of
decree- Where a decree or, if a decree has been passed
jointly in favour of two or more persons, the interest of any
decree-holder in the decree in transferred by assignment in
writing or by operation of law, the transferee may apply for
c execution of the decree to the Court which passed it; and
the decree may be executed in the same manner and subject
to the same conditions as ifthe application were made by
such decree-holder :
Provided that where the decree, or such interest as
D aforesaid, has been transferred by assignment, notice of
such application shall be given to the transferor and the
judgment-debtor, and the decree shall not be executed until
the Court has heard their objections (ifany) to its execution:
Provided also that, where a decree for the payment of
E money against two or more persons has been transferred
to one of them, it shall not be executed against the others.
[Explanation.-Nothing in this rule shall affect the
provisions of section 146, and a transferee of rights in the
property, which is the subject matter of the suit, may apply
for execution of the decree without a separate assignment
F
of the decree as required by this rule.]"
"32. Decree for specific performance for restitution
of conjugal rights or for an injunction.-( 1) Where the
party against whom a decree for the specific perfonnance
of a contract, or for restitution of conjugal rights, or for an
G
injunction, has been passed, has had an opportunity of
obeying the decree and has wilfully failed to obey it, the
decree may be enforced in the case of a decree for
restitution of conjugal rights by the attachment of his property
or, in the case of a decree for the specific performance of
H a contract or for an injunction by his detention in the civil
\

PRABHAKARA ADTGA v. GOWRI & ORS. 731
[ARUN MISHRA, J.]

prison, or by the attachment of his property, or by both. A
(2) Where the party against whom a decree for specific
performance or for an injunctions been passed is a
corporation, the decree may be enforced by the attachment
of the property of the corporation or, with the leave of the
Court, by the detention in the civil prison of the directors or B
other principal officers thereof, or by both attachment and
detention.
(3) Where any attachment under sub-rule (I) or sub-
rule (2) has remained in force for [six months] if the
judgment-debtor has not obeyed the decree and the decree- c
holder has applied to have the attached property sold, such
property may be sold; and out of the proceeds the Court
may award to the decree-holder such compensation as it
thinks fit, and shall pay the balance (ifany) to the judgment-
debtor on his application.
D
(4) Where the judgment-debtor has obeyed the decree
and paid all costs of executing the same which he is bound
to pay, or where, at the end of [six months] from the date
of the attachment, no application to have the property sold
bas been made, or if made has been refused, the attachment
shall cease. E

(5) Where a decree for the specific performance of a
contract or for an injunction has not been obeyed, the Court
may, in lieu of or in addition to all or any of the processes
aforesaid, direct that the act required to be done may be
done so far as practicable by the decree-bolder or some F
other person appointed by the Court, at the cost of the
judgment-debtor, and upon the act being done the expenses
incurred may be ascertained in such manner as the Court
may direct and may be recovered as if they were included
in the decree."
G
11. Section 50 CPC deals with execution of decrees of all kinds
including that of permanent injunction. Section 146 CPC provides that
where any application which can be made by or against any person, it
may be made by or against any person claiming under him except as
otherwise provided in the Code. Order 21 Rule 16 deals with execution
H
732 SUPREME COURT REPORTS [2017] I S.C.R.

A of decree by a transferee with which we are not concerned in this case.
Order 21 Rule 32 provides the mode for execution of decree for injunction,
restitution of conjugal rights and specific performance. Section SO CPC
which is a specific provision with respect to execution of decree against
legal representatives, would be attracted read with Order 21 Rule 32
CPC.
B
12. It is crystal clear from a perusal of section 50(2) CPC that a
decree for permanent injunction can be executed against the judgment
debtor or his legal representatives. In Mut.hukaruppa Pillai & Anr. v.
Ganesan.(1995) Supp 3 SCC 69, a question arose with respect to
executability of the decree for injunctim1 in the backdrop of facts that
c the plaintiff had filed a suit for restraining the defendant-appellant from
interfering with her.rights a_s.\-iakdar and Pujari. The suit.was decreed
and it was held that the said rights were heritable and partible. On afo,esaid
foundation, decree was passed. The successor-in-interest of the plaintiff
decree-holder had put the decree for execution. It was contended that
D the decree for injunction was personal in nature and could have been
enforced by the decree-holder only. This Court held that there was nothing
in the decree for permanent injunction to hold that it lapsed with the
death of the plaintiff and it could be executed by heirs of decree holder.
This Cou11 has laid down thus:

E "1. This judgment-debtor's appeal is directed against
judgment and order of the High Court of Madras. The
appellant was a defendant in a suit filed by the predecessor-
iii-interest of the respondent for permanent injunction
restraining the appellant from interfering with her right as
Hakdar and Pujari of two temples in Kottarakurichi village.
F The suit even though decreed by the trial court was dismissed
by the first appellate court. But the decree of the trial court
was restored by the High Court, which was to the following
effect:
"[T]he defendants, their workmen, their agent, etc. be
G and are hereby restrained by an order of permanent
injunction from interfering with the plaintiffs enjoyment
o'f the .Pl\lil'lt schedule property (described hereunder)·
till th.e end of 1965 Margali 30th (i.e., till January 13,
1965) and in every alternative years in future .... "
H The judgment of the High Court was delivered in 1969.
PRABHAKARA ADIGA v. GOWRI & oRs.·' 733
[ARUN MISHRA, J.]

The decree-holder died in June 1981. The respondent who A
claims to be adopted son of the plaintiff in the original suit
and also her legatee filed an application for execution in·
1981 under Section 146 and Order XX! Rule 16 of the Civil
Procedure Code. It was resisted by the appellant on various
grounds. The application was allow,ed against which the
B
appell~nt filed r~vision. During pendeqcy of the execution
proceedings,. the respondent filed an application before the
Deputy Commissioner, Hindu Religious and Charitable
Endowments, Tirunelveli, Tamil Nadu, claiming the rights
to do puja and enjoy the share of income from the two
temples. The application was allowed by the Deputy c
Commissioner, but the order was set aside by the
Commissioner, Hindu Religious and Charitable Endowments,
Madras in revision filed by the appellant. It was '1e41 that
the respondent could not claim better and more rights than
what were granted in favour of his predecessor-in-interest
D
by the civil court. Against this order of the Commissioner,
the respondent filed a writ petition. Both, the revision filed
by the appellant and writ petition filed by the respondent
were decided by a common or_d_t:_r,_The High Courf
maintained the order of the trial court in execution, except
to certain extent. The writ petition filed by'the respondent E
was dismissed.
2. The principal challenge to the order passed by the High
Court is on the nature of the decree. It is claimed that the
decree being personal, it could not have been executed by
the respondent who claimed to be successor-in-interest of F
the plaintiff in the suit. The submission appears to be devoid
ofany merit. In the main suit, out of which these execution
:- proceedings have arisen, it was clearly held by the High
Court that the rights were heritaple and partible. In view of
this finding, it is not clear as to how can the appellant raise
0

the argument of decree being personal in nature. Apart from G
that, the decree passed by the trial court, copy of which
has been produced by the learned counsel for the respondent,
the authenticity of which is not disputed by the appellant,
and which h~s been extracted earlier, clearly irtdicates that
the injunction granted d_id Jmt imp&e any such restriction H
734 SUPREME COURT REPORTS [2017] I S.C.R.

A expressly nor could it be impliedly held that it lapsed with
the death of the plaintiff."
This Court has laid down that legal representatives of decree holder
can execute decree for permanent injunction relating to property or right
which is heritable and partible. When such is the situation, in our opinion,
B it would be open to decree holder to execute decree against successor
of interest of judgment-debtor also.
13. In Ramachandra Deshpande v. Laxmana Rao Kulkarni
AIR 2000 Karnataka 298, a question arose with respect to executability
of the decree for permanent injunction restraining the defendant from
c obstructing plaintiff's use and enjoyment of their right of way through
the backyard of the defendant's house, and subsequently, the house was '
sold by juogment-debtor-defendant. It was held that the decree could
have been executed against the transferee judgment-debtor. The rule
that a decree for injunction cannot be enforced against a purchaser from
a judgment-debtor since injunction does not run with the land for it is a
D remedy in personam is not applicable considering the nature of rights
adjudicated upon. The Court held that enforcement of the decree against
legal heirs of the deceased was saved by section 50 CPC and as against
the purchaser of the suit property pendente lite was saved by section
52 of the Transfer of Property Act. The High Court has relied upon the
E decisions of this Court in Muthukaruppa Pillai & Anr. v. Ganesan
(supra) and in Kanhaiya Lal v. Babu Ram (dead) by LRs. & Anr.
( 1999) 8 SCC 519. The High Court has observed that if the remedy of
injunction granted by a decree is in respect of any heritable and partible
right, it does not get extinguished with the death of a party thereto, but
enures to the benefit of the legal heirs of the decree-holder, as such a
F decree could be executed against the successor-in-interest of the
deceased judgment-debtor as well. Similar is the decision in G.M
Venkatappa v. Anjanappa & Anr. ILR 2006 Karnataka 4456, wl:erein
also the question of executability of the decree for permanent injunction
arose.
G 14. Normally persoiial action dies with person but this principle
hafi application to limited kinds of causes of actions. In Girijanandini-
Devi v. Bijendra Narain Choudhary AIR 1967 SC 1124, this Court
while considering the question whether the decree for account can be
passed against the estates, also considered the maxim "actio persona/is
H moritur cum persona" and observed that the postulation that personal
PRABHAKARA ADIGA v. GOWRI & ORS. 735
rARUN MISHRA, J.l

action dies with the person, has a limited application. It operates in a A
limited class of actions, such· as actions for damages, assault orother
personal injuries not causing the death of the party and in other actions
where after the death of the party the relief granted could not be enjoyed
or granting it would be nugatory. Death'°fthe person liable to render
the account for property received by him does not therefore affect the
B
liability of his estate. This Court has observed thus:
"(14) Finally, it was urged that since defendants Mode
Narain and Rajballav Narain had died during the pendency
of the proceedings, the High Court was incompetent to
pass a decree for account against thefr estates. Rajballav
who was defendant No.6 died during the pendency of the c
suit forthe Trial Court and Mode Narain who was defendant
No. I in the suit died during the pendency of the appeal in
the High Court. But a claim for rendition of account is not
a personal clairn, It is not extinguished because the party
who claims an account, the party who is called upon to D
account dies. The maxim "action perso.nalis moritur cum
persona" a personal action dies with the person, has a
limited application. It operates in a limited class of actions
ex delicto such as actions for damages for defamation,
assault or other personal injuries not causing the death of
the party, and in other actions where after the death of the E
party the relief granted could not be enjoyed or granting it
would be nugatory. An action for accovnt is not an action
. for damages ex delicto, and does not fall within the
enumerated classes. Nor is it such that the relief claimed
beirig personal could not be enjoyed after death, or granting F
it would be nugatory. Death of the person liable to render
an account for property received by him does not therefore
affect the liability of his estate. It may be noticed that this
question was not raised in the Trial Court and in the High
Court. It was merely contended t~at because the plaintiff
Bijendra Narain was receiving income of the lands of his G
share no decree for accounts could be made. The High
Court rejected the contention that no account would be
directed in favour of the plaintiff on that account.. They
pointed out that the mere fact that the plaintiff was in
possession of some portion of properties of the joint family . H
736 SUPREME COURT REPORTS [2017] 1 S.C.R.

A since 1941 cannot possibily absolve the defendants, who
were in charge of their dealings with the management of
the prope11ies, from rendering accounts of the joint family
estate. The plaintiff was since September 1941 severed
from the joint family in estate and also in mess and residence,
and he was entitled to claim an account from the defendants
B
from September 1941, but not for past dealings. The fact
that the plaintiff is in possession of some of the properties
will, of course, have to be taken into account in finally
adjusting the account."
. 15. The views of the High Courts which are relied upon are by
C . arid large in favoui· of executability of decree. Ofcourse it would depend
on the right litigated, findings recorded and the nature of decree granted.
In D '.wuza J. " M1: A. Joseph.(\Jf!.. 1993 Karnataka 68, a Single Bench
of the Karnataka High Court held th,at~hen a decree for injunction
against a person can be enforced even against his son, it is obvious that
D a similar logic should hold good even in the case of the death of the
plaintiff who has obtained a decree. There should not be any legal
impediment for a heir of a decree-holder to enforce the decree for ·
injunction againstthejudgment-debtor. There is no such legal impediment
on the principle that injunction does not run with the land. Yet another
· Division Bench of the Kerala High Court in Rajappan and Ors. v.
E Sankaran Sudhakaran AIR 1997 Kerala 315, also considered the
question of violation of decree by the legal representatives ofjudgment-
debtor and has laid down that a decree for permanent injunction can be
executed against them. It was observed that if a decree for injunction
compels personal obedience, it in appropriate cases would not be enforced
F against the legal representatives. However, if subject matterofthe suit
and the act complained of was on the basis of ownership of an adjacent
property of the other side, then such a decree for injunction would be
binding not only against the judgment-debtor personally but all those who
claim through him. A decree for perpetual injunction was passed
restraining the judgment-debtors from trespassing into the d~cree
G schedule property destroying the boundaries thereof and from interfering
with the rights of the decree-holder. The legal representatives of the
judgment-debtor violated the injunction. The Court, in ouropinion, rightly
held that the executing court could execute the decree of perpetual
injunction against the legal representatives of the judgment-debtor.
H
PRABHAKARA ADIGA v. GOWRI & ORS. 737
fARUN MISHRA, J.l

16: In Krishnabai Pandurang Salagare v. Savlaram Gangaram A
Kumtekar AIR 1927 Bombay 93 it was held that when a decree is
passed against a judgment-debtor, it can on his death be enforced not
only against the legal representatives, but also against the transferee
from those representatives who take under an alienation pending the
execution proceedings.
B
17. In Amritlal Vadilal v. Ka111i/al Lalbhai AIR 1931 Bombay
280 it has been observed that a decree for injunction does not run with
the land and cannot be enforced in absence of the statutory provision
against surviving member of joint family or against purchaser from
judgment-debtor but can be enforced against legal representatives joined
under Section 51) CPC and so also against transferees from original
c
judgment-debtor as per Section 52 of the Transfer of Property Act. In
Ganesh Sakharam Saraf v. Narayan Shriram Mu/aye Al R 1931
Bombay 484 it was held that though an injunction is a personal remedy
and does n_()t run with the land, ordinarily a decree for an injunction can
be executed only against the persons against whom the injunction is D
issued and cannot be executed against any other person in the absence
of a statutory provision. If an injunction decree is capable of being
enforced against a person other than the judgment-debtor by virtue of a
statutory provision contained in Section 50 CPC, it can be executed
equally against the son who inherits the estate of his father as well as
against one who was joint with the father and brought on the record as E
his legal representative. It was also observed that where a decree had
been passed against the father as a manager and representative of the
joint family, it could be executed against his son who represented the
joint family.
18. In Manila/ Lallubhai Patel v. Kikabhai Lal/ubhai AIR 1932 F
Bombay 482 a Single Bench has held that where a decree for an injunction
has been passed against the father, the son not being joined as a party,
and the father dies during the pendency of the execution proceedings,
the decree can be enforced under Section 50 CPC against the.son as his
legal representative by proceeding under Order 21, Rule 32. G
19. In Somnath Honnappa Bennalkar v. Bhimrao Subrao Patil
1974 ILR Karnataka 1506, a compromise decree was passed in favour
of the plaintiff for permanent injunction restraining the judgme1,t-debtor
from interfering with the plaintiffs possession and enjoyment of the suit
property. Subsequently, the plaintiff sold his suit property to the assignee H
738 . SUPREME COURT REPORTS [2017] l S C.R.

A and also assigned compromise decree in his favour. The assignee took
out execution against the judgment debtor. It was held that the assignee
of a compromise decree was not competent to execute the decree. It
was further held that the compromise decree for injunction was personal
and did not run with the land. However, it was a case of assignment
and not covered by section 52 of the Transfer of Property Act.
B
20. The High Court of Karnataka in Hajaresab v. Udachappa
1984 ILR Kamataka 900 has also held that under the provisions of Section
50 CPC the legal representatives of the deceased defendant against
whom the decree for injunction is passed would be liable for violation of
that decree. It was also observed that Section 50 CPC does not make
c any distinction between a decree for permanent injunction and a d~cree
of any other nature. The High Court has referred to the 'Execution
Proceedings' by Shri Soonavala, 1958 Edition thus:
"In Execution Proceedings by Shri Soonavala, 1958
Edition, on page 386 it is said: -
D
"A decree for injunction does not run with the land and
cannot be enforced against a purchaser of the property
from the defendant. But it can be enforced against a
'legal representative of the deceasedj.d. Plaintiff obtained
a decree against the defendant, restraining the latter from
E obstructing the access to light and air to her windows.
The plaintiff applied for execution praying that the portion
of the defendant's house which obstructed her windows
should be pulled down. While this application was pending
the defendant died and his son and heir was brought on
F the record. The lower Courts directed that the decree
should be executed as prayed for and directed the
appellant (the son and heir of the deceased defendant)
to pull down the obstructing portion of the house in
question within a given time. It was contended for the
appellant that the original defendant having died, the
G injunction could not be enforced against his son (the
appellant) as an injunction does not run with the land. It
was held that having regard to the provi'sions of Section
50, the injunction ordered against the deceased defendant
might be enforced against his son and his legal
H representative.
PRABHAKARA ADIGA v. GOWRI & ORS. 739
fARUN MISHRA, J.l

The author has further said on the same page - .A
"But a decree for injunction cannot be enforced
against a purchaser of the property from the defendant
or against a person who is not his legal represenrative.
The plaintiff obtained a decree restraining the defendant
in his user of certain land and applied for execution. B
Mean while the land had been sold in execution ofanother
decree against the defendant and the purchaser at the
Court sale obtained possession. The plaintiff thereupon
applied that the purchaser should be made a party to the
execution proceedings and that execution should go
against him as well as against the defendant, It was held
c
that no order for execution could be made. It could not
go on against the defendant as all his interest in the land
had been sold in execution of a decree, and it could not
go on against the purchaser as an injunction does not
run with the land." D
The author has further said -
"A decree for injunction does not run with the land and
in the absence of any statutory provision, such a decree
cannot be enforced against the surviving members of a
joint family or against a purchaser fromj .d. But where E
the sons ofthej.d. are brought on the record as his legal
representatives under Section 50, the decree can be
executed against them and so also against the transferees
from the legal representatives, under Section 52, Transfer
of Property Act. On the same principle, viz., that they F
are bound by the result of the execution proceedings
under Section 52, T.P. Act, the transferees from the
original j .d. during the pendency of the execution
proceedings against him, can be held to be similarly bound
and are liable to be proceeded against in execution".
G
The author has further said on page 387 as -
"A decree awarding certain reliefs by way of
injunction was passed in favour of the plaintiff. Before
execution was applied for, the defendant died and t!1e
darkhast proceeded against two widows of the deceased
H
740 SUPREME COURT REPORTS [2017] l S.C.R.

A j.d. as his legal representatives. During the pendency of
the appeal in execution the legal representatives
transferred their property to a stranger. A question was
raised that execution could not proceed against the legal
representatives and their transferee, as the relief granted
by way of injunction was purely personal and the original
B
·j.d. having died, the injunction has ceased to be operative,
it was held that the darkhast originally filed against the
legal representatives was in order under Section 50,
C.P.C., and was also good against the transferee as the
transfer was not made under the authority of the Court
c and, being effected during the pendency of a contentions
proceeding in execution of the decree, could not be .
allowed to affect the right of the plaintiff under Section
52, T.P. Act. (Krishnabai - v. - Sawlaram, I.LR. 51 Born.
37; JOO LC. 582: A.LR. (1927) Born. 93; also see, 9
Born. LR. 1173; I.LR. 26 Born. 140, 283.)An injunction
D
is a personal remedy and does not run with the land. A
decree for an injunction therefore can be executed only
against the persons against whom the injunction is issued
and cannot be executed against any other person in the
absence of a statutory provision. If an injunction decree
E is capable of being enforced against a person other than
the j.d. by virtue of a statutory provision, e.g. Section
50, C.P.C. it can be executed equally against the son
who inherits the estate of his father as well as against
one who was joint with the father and is brought on the
record as his legal representative. A d.h. sought to
F
execute a decree for permanent injunction obtained
against the father in a joint Hindu family against his sons.
It was held that the decree being passed against the
father as a manager and representative of the joint family
could be executed against his son who represented the
G joint family; thatthe son taking the joint family estate by
survivorship was to be regarded as a 'person' who in
law represented the estate of a deceased person within
the meaning of the first part of the definition in Section
(2) (11 ), C.P.C''
(emphasis supplied)
H
'
\
PRABHAKARA ADIGA v. GOWRI & ORS. 741
[ARUN MISHRA, J.l

21. In Basavant Dundappa v. Shidalingappa Sidaraddi ILR A
(1986) Karnataka 1959 relied on by the respondents, it was held that
when an application had been filed by the decree-holder for execution
and similar application was dismissed on the ground that it was not
maintainable, another application for the same relief stands barred.
22. In Shivappa Basavantappa Devaravar v. Babajan 1999 B
(4) Kar. L.J. 293, relied on by respondents, where in a suit for permanent
injunction, injunction was granted and was upheld by the first Appellate
Court and second appeal was filed and the legal representatives of
judgment-debtor wanted to prosecute the same, a single Bench applied
the principle of the maxim "actio persona/is maritur cum persona"
and held that the legal representatives had no right to pursue the appeal. c
In our opinion, it cannot be said that single Bench has correctly appreciated
the legal position as suit was based on title in the aforesaid decision. At
the same time, the Single Judge has also observed that ifthe injunction
had been obtained by plaintiff against the defendant and if plaintiff died,
legal representatives would have been entitled to the benefit of injunction. D
In our opinion, the High Court has erred in dismissing the appeal. The
said maxim had no application, thus the decision cannot be said to be
laying down the correct proposition of law and is overruled.
23. Another decision which has been referred to is Abdul Kardar
Haji Hiroli v. Mrs. Judaih Jacob Cohen 1969 BLR 749 in which the
question arose about the executability of the decree containing covenants E
running with the land and the same was passed with the consent of the
parties, the Court held that it was not executable against the third party
and the purchaser of the land. The question does not arise for
consideration as the present case is not the case of transfer or execution
by or against the purchasers of the land. F
24. Learned author Mulla in his Commentary on the Cod~ of Civil
Procedure (18" Edition) Voll, while analyzing the provisions of Section
50 CPC has refe1Ted to various decisions of the High Courts (Sakar/al
v. Parvatibai ( 1902) 26 Born 283, Amrit/al v. Kant iial AIR 193 l Born
280, Ganesh v. Narayan AIR 193 l Born 484, Dayasbhai '" Bapa/al
G
(1902) 26 Born 140, Vitha/ v. Sakharam ( 1899) l Born LR 854, Jamselji
v. Hari Dayal ( 1908) 2 Born 181, Chothy Theyyathan v. John Thomas
. AIR 1997 Ker 249, Krishnabai v. Sav/aram AIR l 927 Bom 93, Kalpuri
Ellamma v. Ne/lut/a Venkata Lakshmi 2008 (72) All Ind Cas 669) with
respect to the executability of decree for injunction and observed at
pages 687-688 thus: H
742 SUPREME COURT REPORTS [2017] I S.C.R.

A "12. Decree for injunction.- An injunction obtained
against a defendant, restraining him from obstructing
plaintiff's ancient rights. may, on the death of the defendant,
be enforced under this section, against his son as his legal
representative, by procedure under 0 21, r 32 (Sakar!al 1'.
Parvatibai, ( 1902) 26 Born 283; Amritlal v. Ka111ila/, AIR
B
1931 Bom 280 : (1931) 33 Born LR 266. Code of Civil
Procedure 1882, s 260). Similarly. a decree foran injunction
against a manager and representative of a joint Hindu family
can be enforced after his death against a son who represents
the joint family (Ganesh" Narayan, AIR 1931 Bom 484:
c ( 193 I) 55 Born 709). But such an injunction cannot be
enforced under this section against a purchaser of the
prope1ty from t 11e defendant, for an injunction does not run
with the land. The remedy of the decree-holder is to bring
a fresh suit for an injunction against the purchaser
(Dayasbhai v. Bapalal, ( 1902) 26 Bom 140; Vithal v.
D
Sakharam, ( 1899) I Born LR 854; Jamselji v. Hari Dayal,
( 1908) 32 Born 181 ), when the decree is one restraining
the owner of the prope1ty from blasting rocks in his prope1ty
on a finding that such blasting would injuriously affect the
adjacent property of tlie decree-holder. When once a
E decree is passed, it is obvious that the defendant in the suit,
judgment-debtor, would -be precluded from carrying on
blasting operation in his property. To say that when he is
succeeded by the others. they would not be bound by the
restrain relating to the enjoyment of the particular property
is to derogate from the principle of the public policy that
F
there shall be no second litigation in respect of the same
right and the same prope1ty. It cannot be the policy of law
that every time an assignment of the decree schedule
property take place. the decree-holder should institute a
fresh suit against the assignee, so as to prevent them from
G disobeying the decree obtained by the decree-holder against
the original owner of the property (Chothy Theyyathan v.
John Thomas, AIR 1997 Ker 249. See notes to s 47,
'Representatives No. (6)-Purchaser of Property'). The
Bombay High Court has held that an injunction can be
enforced against a person who has purchased while
H
PRABHAKARA ADIGA v. GOWRI & ORS. 743
[ARUN MISHRA, J.l

execution proceedings are pending, by virtue of the doctrine A
of /is pendens (Krishnabai v. Savlaram, AIR 1927 Born
93: (I 927) 51 Born 37).
Jn execution of a decree for perpetual injunction, the
liability of the legal representatives of the judgment-debtors
is limited to the extent of interference which was restrained B
through such decree. It is only such legal representatives
who defy the decree that can be proceeded against (Kalpuri
Ellamrna v. Nellutla Venkata Lakshmi, 2008 (72) All lad
Cas 669)."
25. In K. Umma v. TK. Karappan AIR 1989 Ker 133 the High c
Court ofKerala has observed that where a decree for injunction is obtained
against a sole judgment-debtor, restraining him from obstructing the
plaintiff in erecting a fence on the boundary of his property, t],e decree
can be executed against the legal representatives of the judgment-debtor,
ifhe dies.
D
26. In our considered opinion the right which had been adjudicated
in the suit in the present matter and the findings which have been recorded
as basis for grant of injunction as to the disputed property which is
heritable and partible would enure not only to the benefit of the legal heir
of decree-holders but also would bind the legal representatives of the
judgment-debtor. It is apparent from section 50 CPC that when a E
judgment-debtor dies before the decree has been satisfied, it can be
executed against legal representafives. Section 50 is not confined to a
particular kind of decree. Decree for injunction can also be executed
against legal representatives of the deceased judgment-debtor. The
maxim "actio persona/is moritur cum persona" is limited to certain F
class of cases as indicated by this Court in Girijanandini Devi v.
Bijendra Narain Choudhary (supra) and when the right litigated upon
is heritable, the decree would not normally abate and can be enforced
by LRs. of decree-holder and against the judgment-debtor or his legal
representatives. It would be against the public policy to ask the decree-
holder to litigate once over again against the legal representatives of the G
judgment-debtor when the cause and injunction survives. No doubt, it is
true that a decree for injunction normally does not run with the land. In
the absence of statutory provisions it cannot be enforced. However, in
view of the specific provisions contained in section 50 CPC, such a
decree can be executed against legal representatives. H
744 SUPREME COURT REPORTS (2017] 1 S.C.R.

A 27. Resultantly, we allow the appeals, set aside the impugned order
passed by the High Court and hold that the direction issued by the
executing court that an undertaking be furnished by the legal
representatives to abide by the decree is proper, failing which the
executing "'1Urt would proceed in a permissible mode in accordance
with law to enforce the decree under the provisions of Order XX! Rule
B
32 CPC. No costs.

Nidhi Jain Appeals allowed.