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2016 (4) TMI 1407 - HC - Indian LawsSimultaneous execution petitions - validity of filing two execution petitions for realizing or recovering the decretal amount due from two judgment debtors, which relates to same transaction - HELD THAT:- Under Order 21 Rule 11 CPC, a decree holder would be entitled to proceed simultaneously against the different judgment debtors in execution of his decree as already discussed herein above. There is nothing in the Code of Civil Procedure or in any other law which lays down positively that several applications for execution of a decree cannot be filed simultaneously. The rules of procedure are hand made of justice. Order 21 Rule 11 (2)(e) CPC mandates that the decree holder has to indicate in the execution petition as to “whether any, and (if any), what payment or other adjustment of the matter in controversy has been made between the parties subsequently to the decree” and not the amount for which the decree holder has filed any other execution petition which is pending. However, under Order 21 Rule 2(f) CPC, the decree holder has to state “whether any, and (if any) what, previous applications have been made for the execution of the decree, the dates of such applications and the results Thus, it would indicate that Order 21 Rule 11 CPC does not bar simultaneous executions. However, in case of two execution petitions being filed namely, (1) for arrest of judgment debtor and other execution petition is filed to proceed against the property of same judgment debtor, then in such a situation, Executing Court may refuse execution against the person and property of said judgment debtor at the same time as indicated in Order 21 Rule 30 CPC. A decree holder would be entitled to file two execution petitions for realizing or recovering the decretal amount due from two judgment debtors, when judgment and decree passed against them is joint and several. Simultaneous execution petitions having been filed by decree holder for realization of amounts due from the Judgment debtors which decree is joint and several executing Court was not justified in dismissing the execution petitions - Petition allowed.
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