Legal representative
Section 50 of the Code of Civil Procedure, 1908 deals with legal representative. Where a judgment-debtor dies before the decree has been fully satisfied, the holder of the decree may apply to the Court which passed it to execute the same against the legal representative of the deceased. The Act came into force on 01 Jan 1909.
(1) Where a judgment-debtor dies before the decree has been fully satisfied, the holder of the decree may apply to the Court which passed 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 property of the deceased which has come to his hands and 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.
Section 50, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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K. Pramod Reddy vs The Assistant Director-pmla
Court's Decision & Legal Precedent
The Assistant Director of the Directorate of Enforcement, being duly appointed under the Central Government's Gazette Notification, is a competent authority to issue summons under Section 50(2) of the Prevention of Money Laundering Act, 2002. During the preliminary investigation stage, such summons is legal and not arbitrary. A person summoned for investigation is not yet an accused and therefore cannot claim absolute immunity from self-incrimination under Article 20(3) of the Constitution. The person is bound to answer questions that do not materially incriminate him in pending or imminent investigations. The court should not intervene in the preliminary investigation stage of PMLA proceedings.
On this section: PMLA Section 50(1) grants the Director powers similar to civil court powers regarding discovery, inspection, enforcing attendance, compelling production of records, and receiving evidence on affidavits.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The sole question to be considered is whether any proceeding can be initiated against the petitioner on account of the loan secured by the wife of the petitioner. The legal position is clear as is contemplated under section 50 of the Code of Civil Procedure that, any person succeeding to an estate of a deceased person, who has any financial liability, is liable to the extent of acquisition of property. The same parameter applies to the petitioner also. If the petitioner has acquired or succeeded to the estate of his deceased wife, …
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… Respondents No.7 (a) to 7(c) i.e. legal representatives of the owner Mahavir Singh shall be at liberty to avail their remedy against the financer or his agent Raju as per law. - 16. It is made clear that Respondents No. 7(a) to 7(c) are the legal representatives of the deceased owner (Mahavir Singh). Section 50 of the Code of Civil Procedure (Code) makes the legal representatives liable to satisfy the decree only to the extent of the deceased's estate which comes to the hands of the legal representatives. A reference may be made to Yogesh Sharma & Ors. v. Devi Dayal & Ors., ILR (1978) 1 Delhi 151, where it was held as …
Questions about Section 50
What have the courts held on Section 50 of the Code of Civil Procedure?
K. Pramod Reddy vs The Assistant Director-pmla (27 Apr 2012) is the leading judgment on this section among those set out below: PMLA Section 50(1) grants the Director powers similar to civil court powers regarding discovery, inspection, enforcing attendance, compelling production of records, and receiving evidence on affidavits.
How do I find court cases under Section 50 of the Code of Civil Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 50, section 50 CPC, section 50 of the Code of Civil Procedure. People searching for it also type cpc 50 air compressor manual. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with K. Pramod Reddy vs The Assistant Director-pmla (27 Apr 2012).
What should I read with Section 50 of the Code of Civil Procedure, and has it changed?
2 other provisions in this corpus refer back to it.
When did Section 50 of the Code of Civil Procedure come into force?
Section 50 of the Code of Civil Procedure, cited as CPC 50, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.
Other sections of this Act
- 115. Revision2475 words
- 60. Property liable to attachment and sale in execution of decree1869 words
- 2. Definitions890 words
- 9. Courts to try all civil suits unless barred714 words
- 42. Powers of Court in executing transferred decree653 words
- 92. Public charities610 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.