Law: Civil Procedure Code (V of 1908)

Section: 50, 47, O. XX, r. 11(2)

(a) Civil Procedure Code (V of 1908) S. 50-Execution of decree against legal heirs--Contention that legal heirs of deceased had to incur huge payments for debts of deceased father, so also funeral expenses, etc. and still a huge amount of debt due is being claimed as such cannot be burdened as against property left by deceased-Contention, in circumstances of case, held. not tenable-Whatever property left by deceased seems to have gone into hands of legal heirs in full enjoyment. (b) Civil Procedure Code (V of 1908) Ss. 47 & 50-Executing Court, scope of--Executing Court not to go beyond terms of decree and to fix amount of interest when no interest was given at time of decision-Decree not providing interest, held, deemed to have been refused unless shown otherwise. (c) Civil Procedure Code (V of 1908) O. XX, r. 11(2)--Decretal amount-Payment in instalments Decree-holder not agreeable to payment of decretal amount in instalments-Court, held, not competent to order payment by instalments. after passing decree for payment of money in lump sum, without consent of decree-holder in circumstances.                                                                                                                              ORDER 'This appeal has arisen out of the execution proceedings challenging the order dated 16th October, 1977 of the District Judge, Mirpur. It was in proceedings under the provisions of Co-operative Societies Act that appointment of a. Liquidator in the matter of the District Trans port Co-operative Society Limited, Mirpur the Liquidator found Mst. Khurshid Begum entitled to receive an amount of Rs. 4` 000 as her share in the said Society from Syed Badi-uz-Zaman Shah who was also her husband. The award of the Liquidator was accordingly approved thy the Registrar Co-operative Societies and a certificate was issued to Mst. Khurshid Begum…