JAGDEO SINGH Vs. BABU LAL SAH

JUDGEMENT

(1.) On n June, 1935, Babu Lal Sah and Mt. Eamjhari Kuer obtained a decree for rent against Jagdeo Singh and others. Babu Lai Sah alone applied for execution of this decree on 2l June, 1938. In the appropriate column of the application for execution the names of both the decree-holders were stated and Mt. Ramjhari in fact appeared in the execution proceedings.

(2.) Two questions have been raised in this appeal by the judgment-debtor- appellants. The first is whether the application for execution itself was maintainable in the form in which it was made. It is contended that as the provisions of Order 21, Rule 15, were not complied with, the application is not maintainable. That rule provides that in a case where a decree has been passed jointly in favour of more persons than one, any one or more of them may apply for execution of the whole decree for the benefit of them all and requires the Court to satisfy itself that sufficient cause exists for allowing the decree to be executed on an application made under the rule and to make such order as it deems necessary for protecting the interests of persons who have not joined in the application.

(3.) The application, in the present case, did not expressly state that Babu Lal Sah sought to execute the decree for the benefit of both the decree-holders. Accordingly it is contended on the basis of two decisions of this Court that the application was not in proper form.