HTML

Saturday 2 September 2017

Execution. Order 21 Rule 11 CPC does not bar simultaneous filing of two separate executions. 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. However, in case of two execution petitions being filed namely, one 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. *Case: PAFCO 2916 INC. and Ors. Vs. Kingfisher Airlines Limited and Ors.* *Citation: AIR 2017 karnat 10*

Execution.

Order 21 Rule 11 CPC does not bar simultaneous filing of two separate executions.

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.

However, in case of two execution petitions being filed namely, one 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.

*Case: PAFCO 2916 INC. and Ors. Vs. Kingfisher Airlines Limited and Ors.*

*Citation: AIR 2017 karnat 10*

No comments: