1 29 chs 1173.2009.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION srk CHAMBER SUMMONS NO. 1173 OF 2009 IN EXECUTION APPLICATION (L) NO. 543 OF 2002 IN AWARD DATED 30TH OCTOBER 2001 Rallis India Ltd. ..Applicant/ Judgment Creditor. vs. HMP Engineers Ltd. & Ors. ..Respondents/ Judgment Debtors. and Mr. Manoj Kumar Poddar ..Heir of 2nd respondent. .... Mr. Ankit Lohia i/b M/s. Crawford Bayley & Co. for the applicant. Mr. Rajesh Pillai i/b R.K. Associates for the respondent nos. 1, 5 & 6. Mr. Devvrat Shankar Singh i/b Mahendra Agavekar for respondent no.2. .... CORAM : D.G. KARNIK, J. DATE : 29TH APRIL, 2010 P. C. 1. Heard. 2. By this Chamber Summons the applicant prays for an order directing the respondent, Mr. Manoj Kumar Poddar, an heir of the defendant judgment-debtor no.2, to disclose the names of all other heirs of the original defendant no.2. The 2 29 chs 1173.2009.doc applicant also prays for an order directing Mr. Manoj Kumar to disclose the assets of the deceased judgment debtor no.2. 3. There is no law requiring an heir of a party dying during the pendency or after the decision of the suit to disclose the names of all other heirs of the deceased. It is the duty of the plaintiff/decree holder to make enquiry about the heirs of the deceased and the properties left behind by him for the purpose of execution of a decree against the heirs. An heir cannot be compelled to aid and assist the decree holder in doing something the law does not require him to do. In my view, therefore, Mr. Manoj Kumar Poddar, who is joined as respondent, cannot be compelled to disclose the names of the other heirs of the deceased judgment debtor no.2. Similarly, he also cannot be compelled to disclose the assets of the deceased. Sub Rule (2) of Rule (41) of Order 21 of the Code of Civil Procedure empowers the Court to direct the judgment debtor to disclose his assets on affidavit. But it does not empower the Court to issue such directions to an heir of the judgment debtor. The decree holder must make his own enquiry to find out the assets of the deceased judgment debtor. It is no part of the duty 3 29 chs 1173.2009.doc of an heir of the judgment debtor to disclose what assets were owned by the judgment debtor at the time of his death. 4. In the circumstances, the chamber summons is dismissed. [ D.G. KARNIK, J. ]