https://www.taxtmi.com/caselaws?id=197779 A legal representative sued for a deceased debtor's liability may raise, in the suit itself, the defence that no estate was inherited. Where liability is confined to property received from the deceased, the question whether any movable or immovable assets devolved on the representative is not restricted to execution proceedings and can be pleaded as an immediate defence. On the facts, the plea that no property had come to the respondent remained unrebutted, so no decree could properly be passed against the legal representative merely to leave the matter for execution. The suit was therefore dismissed. en-us Tue, 18 Nov 2003 00:00:00 +0530 Mon, 15 Jan 2018 17:26:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=197779 A legal representative sued for a deceased debtor's liability may raise, in the suit itself, the defence that no estate was inherited. Where liability is confined to property received from the deceased, the question whether any movable or immovable assets devolved on the representative is not restricted to execution proceedings and can be pleaded as an immediate defence. On the facts, the plea that no property had come to the respondent remained unrebutted, so no decree could properly be passed against the legal representative merely to leave the matter for execution. The suit was therefore dismissed. Case-Laws Indian Laws Tue, 18 Nov 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=197779