Execution cannot expand a decree: legal representatives were not liable after dissolution of a two-partner firm.

An executing court cannot enlarge or vary a decree, and relief in execution must remain within its terms. Where a two-partner partnership stood dissolved by death of one partner, the deceased partner's legal representatives were not bound by the original partnership contract, and a clause purporting to continue their liability could not operate after dissolution. On that footing, a decree obtained against the deceased partner was held not executable against the legal representatives, and the objection under Section 47 succeeded. A precedent relied on was distinguished because it involved a heritable right and a different statutory setting.

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Issues: Whether the decree obtained against a deceased partner could be executed against the legal representatives after the partnership stood dissolved by death of one of the two partners.

Analysis: The reliefs sought in execution went beyond the scope of the decree, and an executing court cannot enlarge or vary the decree. The partnership deed was between only two partners, and on the death of one partner the firm stood dissolved by operation of law under the Partnership Act. The legal representatives were not parties to the original partnership contract, and the contractual clause purporting to make them partners could not bind them once the firm had ceased to exist. In these circumstances, the decree obtained against the deceased partner could not be enforced against the respondents. The earlier precedent relied upon was found inapplicable on its facts because the right litigated there was heritable and the statutory setting was different.

Conclusion: The decree was not executable against the legal representatives, and the order allowing the objection under Section 47 was .

Final Conclusion: The execution proceedings could not be maintained against the respondents, and the appeal failed.

Ratio Decidendi: Where a partnership consisting of only two partners stands dissolved by death of one partner, a decree obtained against the deceased partner cannot be executed against legal representatives who were not parties to the contract, particularly when the execution sought would expand the decree beyond its terms.

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