' The appellants in this first appeal are the legal heirs of Abdul Aziz Khan. Respondent No.1 I National Bank of Pakistan and respondents Nos.2 to 9 are the le al heirs of deceased Abdul Shakoor. A loan was granted by National B nk of Pakistan to late Abdul Shakoor on the guarantee of late Abdul Aziz Khan. A suit was filed by National Bank of Pakistan for recovery of the amount. Before the suit was filed, Abdul Aziz Khan had already died and as' Such the appellants were made defendants alongwith Abdul Shakoor. The suit was decreed against Abdul Shakoor and also against the appellants jointly and severally. Being aggdeved, the appellants have filed the present first appeal.
Abdul Shakoor also died and his legal heirs are respondents Nos.2 to 9 in the "resent appeal, as observed earlier, respondent No.1 is National Ban of Pakistan. I have heard Mr. M. Rashiduddin, learned counsel for the appellants and Mr. S.A. Waheed Aseem, learned counsel for the ,espondent No.1'. None has appeared for respondents Nos.2 to 9.
2. Mr. M.Rashiduddin, learn-d counsel for the appellants, states that the liability to National Ban- of Pakistan was of late Abdul Aziz Khan, predecessor-in-interest o the appellants and the appellants have not inherited any property or assets from deceased Abdul Aziz Khan. Learned counsel has referred to section 52 of the Code of Civil Procedure, according to wh ch, a legal representative/judgmentdebtor is not personally liable f.r the satisfaction of a decree but he is only liable upto the extent .f the assets of the deceased in his hands and the decree should di ect the legal representatives of the deceased/judgment-debtor to pay decretal' amount out of the assets of the deceased. In the decree p:ssed by the trial Court it has not, been directed that the decretal amount, in so far as the appellants are concerned, shall be recover-d out of the assets, if any, of the deceased Abdul Aziz Khan, which have come into the hands of the appellants. Mr.S.A. Waheed As been, learned counsel for respondent No.1, National Bank of Pakistan, concedes that such a direction should have been given in the decree.
3. First Appeal No.20 of 1'76 is allowed to. The extent that the judgment and decree passed by the learned VII Senior Civil Judge/ Assistant Sessions Judge, Karachi, is modified to the extent that the decretal amount shall be reco erable from the appellants i.e. The legal heirs of the deceased Abdul Aziz Khan out of the assets, if any, of the deceased that have ome into the hands of the appellants.
' There will be no order to costs.