Civil Procedure Code, 1908, Order 21, Rule 15 -- Execution - Joint decree holders - Any one of several joint decree-holders may apply for execution of whole decree for benefit of all decree holders including survivors and legal representatives of a deceased decree holder, unless decree itself contains any provisions to the contrary...........
Civil Procedure Code, 1908, Order 21, Rule 15 -- Execution - Joint decree holders - Decree for possession - DHs are heirs of original plaintiff, their inter se rights regarding property are not to be considered and decided in execution petition - It is only decree for possession has to be executed whether at the behest of one of decree holder or by all decree holders,..........
Civil Procedure Code, 1908, Order 21, Rule 15, 17 -- Execution - Joint decree holders - It is not absolutely incumbent on executing DH to state in so many words in execution petition itself that decree is being executed for benefit of all decree holders - If it appears to Court that decree is, as a matter of fact, being executed for benefit of all DHs, it will allow..........
Civil Procedure Code, 1908, Order 21, Rule 15 -- Execution - Joint decree holders - Law as to: (i) Provisions of O.21.R.15 CPC apply to all cases where a decree has been passed in favour of more persons than one as joint decree holders; (ii) If decree itself indicates that, though a number of persons figure as decree holders, their interests are clearly defined as to..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution of decree - Violation - Except self serving statement of petitioner there is no other evidence to prove the allegations - For want of corroboration to version of petitioner, executing Court found evidence insufficient to indict respondents - Order upheld...........
Civil Procedure Code, 1908, Section 47 -- Execution - Compromise decree - Violation of - Primary onus lies on DH to show that JD has willfully disobeyed the conditions of decree...........
Civil Procedure Code, 1908, Section 47 -- Execution - Compromise decree - Violation of - DHs had failed to establish violation of compromise decree by JDs - Burden of proving violation of decree rests squarely on DHs - In the absence of cogent proof of such violation, execution cannot be sustained - Burden of proof, which lay upon DHs, had not been discharged - Executing..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Pendency of an application U.O.9.R.13 CPC does not by itself operate as a stay of execution of decree - Unless executing Court or appellate/revisional Court specifically stays execution proceedings, DH is entitled to pursue execution of decree...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - When operation of specific orders directing furnishing of bank guarantee and issuing conditional warrants of arrest were passed, there was no blanket stay granted on continuation of execution proceedings - Executing Court, therefore, was fully competent to proceed further with execution and to issue..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree passed by first appellate Court in an appeal, where both appellants had expired prior to appeal being heard - Decree passed in favour of dead persons is nullity - Thus decree passed by trial Court is liable to be executed...........
