Harichand v Udin and Another
Harichand v Udin and Another (Civil Case No. 301 of 1932,) [1940] EACA 30 (1 January 1940)
The application for execution made in the name of the deceased judgment creditor is valid, as execution proceedings do not abate upon the death of the decree holder. The relevant rules and authorities establish that heirs or representatives may continue or initiate execution without the need for formal substitution or letters of administration. The advocate's authority to act is revived by fresh instructions from the widow of the deceased, who is an interested party. The objections raised by the judgment debtors are not supported by the applicable procedural rules or case law, and the applica…
Source excerpt
- Execution Of Decree
- Death Of Decree Holder
- Legal Representative
- Authority Of Advocate
- Abatement Of Proceedings