Execution of decree against legal representatives

A common occurrence in litigation is the death of one parties while case still ongoing. The right to be heard by all principles natural justice (audi alterum partem). However, if dies, Court will unable issue a judgement since dead man cannot ordered or decreed against. As result, although proceedings not halted, take any enforcement action until legal representation has been registered record. This addressed under Sections 50 and 52 Code Civil Procedure, 1908. These provisions may used decree holder only carry out decree, but also collect money from decedent's estate. extent these two sections matter debate. By reference numerous court opinions, this article aims distinguish between examine conditions which they apply.