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First Appeal No.20 of 1976, heard on 12th May, 1986.
---Ss.52 & 2(11)--Money decree, liability of legal heirs for satisfaction of--Predecessor-in-interest of appellants having died, suit fur recovery of loan was filed against his legal heirs--Trial Court while decreeing suit not directing that decretal amount, so far as appellants (legal heirs) are concerned, shall be recovered out of the assets, if any of the deceased, which have come into their hands--Appeal allowed and decree modified accordingly.
M. Rashiduddin for Appellant.
S.A. Waheed Aseem for Respondent No.1.
Nemo for Respondents Nos. 2 to 9.
Date of hearing: 12th May, 1986.
The appellants in this first appeal are the legal heirs of Abdul Aziz Khan. Respondent No.1 is National Bank of Pakistan and respondents Nos.2 to 9 are the legal heirs of deceased Abdul Shakoor. A loan was granted by National Bank of Pakistan to late Abdul Shakoor on the guarantee of late Abdul Aziz Khan. A suit was filed by National Bank of Pakistan for recovery of the amount. Before the suit was filed, Abdul Aziz Khan had already died and as such the appellants were made defendants alongwith Abdul Shakoor. The suit was decreed against Abdul Shakoor and also against the appellants jointly and severally. Being aggrieved, the appellants have filed the present first appeal. Abdul Shakoor also died and his legal heirs are respondents Nos.2 to 9 in the present appeal, as observed earlier, respondent No.1 is National Bank of Pakistan. I have heard Mr. M. Rashiduddin, learned counsel for the appellants and Mr. S.A. Waheed Aseem, learned counsel for the respondent No.1. None has appeared for respondents Nos.2 to 9.
2. Mr. M. Rashiduddin, learned counsel for the appellants, states that the liability to National Bank of Pakistan was of late Abdul Aziz Khan, predecessor-in-interest of the appellants and the appellants have not inherited any property or assets from deceased Abdul Aziz Khan. Learned counsel has referred to section 52 of the Code of Civil Procedure, according to which, a legal representative/judgment -debtor is not personally liable for the satisfaction of a decree but he is only liable upto the extent of the assets of the deceased in his hands and the decree should direct the legal representatives of the deceased/judgment--debtor to pay decretal amount out of the assets of the deceased. In the decree passed by the trial Court it has not been directed that the decretal amount, in so far as the appellants are concerned, shall be recovered out of the assets, if any, of the deceased Abdul Aziz Khan, which have come into the hands of the appellants. Mr. S.A. Waheed Aseem, learned counsel for respondent No.1, National Bank of Pakistan, concedes that such a direction should have been given in the decree.
3. First Appeal No.20 of 1976 is allowed to the extent that the judgment and decree passed by the learned VII Senior Civil Judge/ Assistant Sessions Judge, Karachi, is modified to the extent that the decretal amount shall be recoverable from the appellants i.e. the legal heirs of the deceased Abdul Aziz Khan out of the assets, if any, of the deceased that have come into the hands of the appellants.
There will be no order as to costs.
M.A.K./M-194/K Order accordingly.
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