Sevalingam Kangany vs Kumarihamy – clr volume 1 page 074

In the case between a mortgagee/creditor and the estate of the deceased Loku Banda, represented by the widow as estate representative, the court addressed the construction and application of Section 547 of the Civil Procedure Code. The principal issue considered was whether Section 547 bars a creditor’s action to recover a mortgage debt from an intestate’s estate when the estate exceeds Rs.1,000 in value, or whether this provision applies only to actions involving entitlement to estate property. It was held that Section 547 restricts actions brought on behalf of the estate or for those entitled to its property, not those by a creditor seeking recovery of a debt. The proper procedure under Section 642 was considered available for creditor actions without requiring administration. This inter