21 rule 32 cpc
Neeraj Kaushal
(Querist) 12 February 2025
This query is : Open
I have filed an application under Order21 Rule 32 of the CPC, and the matter is fixed for final arguments. The decree was for a mandatory injunction to construct a retaining wall around the land of the decree holders. All judgment debtors are ex-parte. Now, Judgment Debtor No. 6 has passed away. If I file an application under Section 50 of the CPC to bring the legal heirs on record, they may start contesting the execution.
I need your advice on whether a provision similar to Order XXII Rule 4(4) of the CPC can apply in execution proceedings. Alternatively, should I simply delete the expired Judgment Debtor No. 6 from the array of judgment debtors? Kindly guide me on the appropriate course of action in this matter.
