Enforcement of decree against legal representative

Q: When did Section 52 of the Code of Civil Procedure come into force?

Section 52 of the Code of Civil Procedure, cited as CPC 52, 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.

In force From 01 Jan 1909 Act 5 of 1908 As on 15 Oct 2026

Act 5 of 1908 Ministry Law and Justice Enacted 21 Mar 1908 In force 01 Jan 1909 Cited by 1 provision

Section 52 of the Code of Civil Procedure, 1908 deals with enforcement of decree against legal representative. 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 be executed by the attachment and sale of any such property. The Act came into force on 01 Jan 1909.

(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 be 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.
Section 52, 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.

Referred to by 1

s. 53 Liability of ancestral property

Questions about Section 52

What does Section 52 of the Code of Civil Procedure deal with?

Section 52 of the Code of Civil Procedure is headed "Enforcement of decree against legal representative". 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 be executed by the attachment and sale of any such property.

How do I find court cases under Section 52 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 52, section 52 CPC, section 52 of the Code of Civil Procedure. People searching for it also type cpc 52 94v 0. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 52 of the Code of Civil Procedure, and has it changed?

1 other provision in this corpus refers back to it.

When did Section 52 of the Code of Civil Procedure come into force?

Section 52 of the Code of Civil Procedure, cited as CPC 52, 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 15 Oct 2026. This page is not a substitute for legal advice.