https://www.taxtmi.com/caselaws?id=372423 A summary suit under Order XXXVII CPC was held maintainable against the legal representatives of a deceased debtor where the right to sue survived, and objections about the deceased's assets were treated as matters for execution, not maintainability. The Court also found no triable defence to the claim based on the loan transaction, interest payments and cheque, since the liability was supported by a liquidated sum and the pleaded objections did not defeat the claim. Leave to defend was therefore refused, and the suit was decreed for the principal amount with interest, subject to the usual execution protection available against inherited assets. en-us Wed, 19 Dec 2018 00:00:00 +0530 Sat, 22 Dec 2018 06:57:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=372423 A summary suit under Order XXXVII CPC was held maintainable against the legal representatives of a deceased debtor where the right to sue survived, and objections about the deceased's assets were treated as matters for execution, not maintainability. The Court also found no triable defence to the claim based on the loan transaction, interest payments and cheque, since the liability was supported by a liquidated sum and the pleaded objections did not defeat the claim. Leave to defend was therefore refused, and the suit was decreed for the principal amount with interest, subject to the usual execution protection available against inherited assets. Case-Laws Indian Laws Wed, 19 Dec 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=372423