SARDAR MADHAVRAO Vs. NARAYAN DAMODAR

JUDGEMENT

(1.) This is an appeal by judgment-debtors from an order of the civil judge allowing execution for the entire decretal amount by two out of nine decree holders in whose favour a joint decree had been passed. The Executing court had overruled the decree holders' objection that since part of the costs was separately allotted to the individual decree-holders, these two of them should not be allowed to levy execution in respect of the sums allotted to others.

(2.) The case hinges upon two questions. One of purely theoretical nature, whether the decree which is, otherwise joint becomes a collection of a number of separate decrees merely because of the apportionment of part of the subject matter between the different decree-holders. Secondly the more practical one whether the apportionment of part or whole of the subject-matter of a decree is a condition debarring any of the joint decree holders from levying execution on his own in respect of the part allotted to the other decree-holders.

(3.) The position in the present case is somewhat peculiar and there is no case law barring directly on these questions.