EXECUTION
Arvind Singh Chauhan
(Querist) 04 March 2010
This query is : Resolved
There were more than one parties as plaintiff in original suit and suit have been decreed in favour of plaintiffs. In execution proceeding only one apply for the execution of decree. Opposite party is pleading before the court that application for execution is defective because all plaintiffs of original suit are not added as party. Whether it is lacuna on the part of decree holder. PLz help.
Raj Kumar Makkad
(Expert) 04 March 2010
No. Even a single party out of various decree-holders can very well come for the execution of the impugned judgment and decree and there is no legal hurdle therein. Law is that who so ever asserts must prove so let the judgment debtor bring any relevant citation in support of their pleas.
Parveen Kr. Aggarwal
(Expert) 04 March 2010
Order 21, Rule 15 of the Code of Civil Procedure, 1908:
"15. Application for execution by joint decree-holders:- (1) Where a decree has been passed jointly in favour of more persons than one, ANY ONE or more such persons may, unless the decree imposes any condition to the contrary, apply for the execution of the whole decree for the benefit of them all, or, where of them has died, for the benefit of the survivors and the legal representatives of the deceased.
(2) Where the Court sees sufficient cause for allowing the decree to be executed on an application made under this rule, it shall make such order as it deems necessary for protecting the interest of the persons who have not joined in the application."
As such, there is no deficiency in filing of execution petition by one of the decree holders and the same is maintainable as such.
