LAXMI NARAYAN Vs. NAROTTAM DAS & ANR

JUDGEMENT

(1.) This is a petition under Section 115 of the Civil Procedure Code. A money decree was passed. Execution proceedings have been taken. These have been objected to on the ground that the application has been signed only by one of the decree-holders. According to the petitioner, the petition seeking execution should be signed by both the sides. For this reliance has been placed on Order 21, Rule 11(2). This Rule reads as under :

(2.) Written application :- Save as otherwise by Sub-rule (1), every application for the execution of a decree shall be in writing, signed and verified by the applicant or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case, and shall contain in a tabular form the following particulars namely :-

(3.) However, the present case is on a better footing. The application has been signed by one of the decree holders. This petition is without any merit and the same is dismissed with costs. Costs Rs. 25/-.