Definition of Judgment debtor and Legal Representative under The Code of Civil Procedure 1908.

 

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                                                          Lecture No. 7 on CPC 1908

                                             

                         Judgment- debtor [Section 2(10)]

“Judgment debtor” means any person against whom a decree has been passed or an order capable of execution has been made.

                                              Comments

A plaintiff or a defendant against whom no decree or order capable of execution has been passed or who has been released from the decree does not come within the definition of Judgment-debtor.

A person ,who has stood surety for costs and against whom a decree for cost has been made, is a judgment-debtor.

                                Legal Representative: [Section 2(11)]

Legal representative means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character the person on whom the estate devolves on the death of the party so suing or sued.

                                   COMMENTS

The definition of Legal Representative can be read as follows:-

1.   Legal representative means a person who in law represents the estate of a deceased person, and

2.   It includes any person who intermeddles with the estate of the deceased; and

3.   Where a party sues or is sued in a representative character; then it includes the person on whom the estate devolves on the death of the party so suing or sued.

A plain reading of this definition reveals that “Legal Representative” is a person who represents the estate of a deceased person.

In law normally the legal heir of a deceased person represents the estate of such deceased person. Therefore, a legal heir is a “Legal Representative.”

However, it is not necessary that a “Legal Representative” must be a legal heir or a legal heir alone could be the “Legal Representative”. In certain special cases some person other than the heir may represents the estate of a deceased person. For example: - administrators or executors. In that event such administrators or executors acquires the status of a “Legal Representative”.

A person in possession is a representative of the estate. But a “Legal Representative” need not necessarily be in possession of any property of the deceased. Mere right of possession of assets of the deceased is sufficient.

The definition of the term “Legal representative” covers the case of a coparcener of a Joint Hindu Family, who gets property by survivorship.

As such, the expression “Legal Representative” means and includes one person as well as several persons accordingly as they represents the whole interest of the deceased persons.

In a case where the deceased was the Mahant of Math and had severed his connections with his natural family. It was held in that case that the claimant of the Motor Accident claim, who was one of the “Gurubhai”[ Spiritual brother] of the deceased was entitled to maintain the application as “Legal Representative” of the deceased. [Mahant Shyamdas Guru Mohandas Vs. Lalaram M. Kori AIR 2008 MP 47 (DB)].

In an application for execution of an eviction decree filed by the landlord, the legatee under the will executed by the deceased landlord will be covered by the definition of “Legal representative” under Section 2(11) of the code and can represent the estate of the deceased decree holder. [AIR 2008 MP 213(DB)].

In a claim for share in compensation under the accidental claims, brothers are Legal Representative within the definition given in the CPC and as such they along with the widow of the deceased would be entitled to share in the compensation irrespective of the fact that they were not dependent on the deceased.[ AIR 2007 Sc 1474].