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    <title>1930 (9) TMI 16 - BOMBAY HIGH COURT (NAGPUR BENCH)</title>
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    <description>A legal representative may be proceeded against in respect of the deceased&#039;s estate without the suit first determining whether assets are actually in hand; that question is left to execution. A decree against the representative operates only to the extent of assets of the deceased received or retained, and the court need not require separate proof of possession at the trial stage. Relief may also be granted against the estate even where the plaint framed the prayer too widely as a personal decree, because appropriate relief can be awarded on the pleadings and the facts established. The decree is therefore limited to the deceased&#039;s assets in the representative&#039;s hands.</description>
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    <pubDate>Tue, 16 Sep 1930 00:00:00 +0530</pubDate>
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      <title>1930 (9) TMI 16 - BOMBAY HIGH COURT (NAGPUR BENCH)</title>
      <link>https://www.taxtmi.com/caselaws?id=197775</link>
      <description>A legal representative may be proceeded against in respect of the deceased&#039;s estate without the suit first determining whether assets are actually in hand; that question is left to execution. A decree against the representative operates only to the extent of assets of the deceased received or retained, and the court need not require separate proof of possession at the trial stage. Relief may also be granted against the estate even where the plaint framed the prayer too widely as a personal decree, because appropriate relief can be awarded on the pleadings and the facts established. The decree is therefore limited to the deceased&#039;s assets in the representative&#039;s hands.</description>
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      <pubDate>Tue, 16 Sep 1930 00:00:00 +0530</pubDate>
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