kbp 1 1253-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO.1253 OF 2009 IN SUMMARY SUIT NO.3735 OF 2002 Laxmichand Jakhubhai Vira ..Plaintiff Vs. Ketki Deepak Chheda and ors. .. Legal representatives of the Defendant ......... Mr.Paras N.Vira, for plaintiff. Mr.Vinod K. Sharma i/b.Mr.K.G.Parmar, for legal representative of defendant ......... CORAM : A.S.OKA, J.. DATE : 30th November, 2009. P.C. : 1] Heard learned counsel for the plaintiff and learned counsel for the legal representative of defendant against whom notice is issued under Rule 22 Order XXI of the Code of Civil Procedure, 1908. 2] In the objection raised by the legal representatives, they have not denied their status as the legal representatives of the original defendant – judgment debtor. Their contention is that they are not holding any of the assets held by the deceased. 3] The legal position is well settled. A money decree can be executed only against assets of the deceased defendant - judgment debtor inherited by his kbp 2 1253-09.sxw legal representatives. However, that is not a ground to oppose notice under Rule 22 Order XXI of the said Code. Whether the legal representatives are holding any assets inherited from the defendant is a question to be decided at an appropriate state. 4] Subject to what is observed above, the notice is made absolute. ( A.S.OKA, J. )