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1954 Supreme(All) 16

HIGH COURT OF ALLAHBAD
BEG, J.
Dhondhey Prasad
Versus
Sewak
Second Ex. Decree Appeal No. 13 of 1951
Decided On : 12-01-1954

Advocates:
H.D. Srivastava, for Appellant; Bhawani Shankar, for Respondent No. 1.

Headnote:

EXECUTION OF DECREE - PARTIAL SATISFACTION - PAYMENT TO ONE OF THE JOINT DECREE-HOLDERS - VALIDITY - O. 21, R. 1, 15, CIVIL P.C.

Fact of the Case:

A mortgage decree was passed in favor of three brothers, Ram Sewak, Ram Sudhist, and Ram Naresh, against Sewak, a minor. After the decree, two-thirds of the share belonging to Ram Sewak and Ram Naresh were paid off, leaving only one-third share belonging to Ram Sudhist unsatisfied. Dhondhey Prasad, son of Ram Sudhist, applied for execution of the entire amount of the decree. The judgment-debtor objected, arguing that execution should proceed only for the remaining one-third share.

Finding of the Court:

The court held that execution could proceed only for the remaining one-third share belonging to the appellant decree-holder. The court reasoned that the statute does not require joint concurrence of all decree-holders for satisfaction of the decree and that separate payment to each decree-holder of their respective shares is not barred.

Issues: Whether partial payment of the decree in respect of the shares of other decree-holders can be recorded or recognized by the Court?

Ratio Decidendi: The court interpreted Order 21, Rule 1 of the Civil Procedure Code (CPC) and held that it does not require joint concurrence of all decree-holders for satisfaction of the decree. The court also held that separate payment to each decree-holder of their respective shares is not barred by the CPC.

Final Decision: The court dismissed the appeal, holding that execution could proceed only for the remaining one-third share belonging to the appellant decree-holder.

JUDGMENT :- This appeal arises out of execution proceedings.

2. It would appear that a mortgage decree was passed in favour of three brothers, namely, Ram Sewak, Ram Sudhist and Ram Naresh against one Sewak, minor, who is respondent No. 1 in this appeal. After the said decree was passed, a two-third share belonging to two of the brothers, namely, Ram Sewak and Ram Naresh was paid off and only the remaining one-third share belonging to Ram Sudhist remained unsatisfied. Dhondhey Prasad son of Ram Sudhist put in an application for execution in respect of the entire amount of the decree. An objection was made on behalf of the judgment-debtor that the two-third share belonging to the two other decree-holders having been paid off and satisfaction in respect of the said payment having been recorded by the Court, execution should be allowed to proceed only in respect of the remaining one-third share belonging to the applicant decree-holder.

On behalf of the decree-holder, it was argued that payment should have been made to all the decree-holders and any partial payment of the decree in respect of the shares of the other decree-holders cannot be recorded or recognized by the Court and should therefore be ignored altogether. The execution Court gave effect to the objection of the judgment-debtor and held that execution could be allowed to proceed only in respect of the remaining one-third share belonging to the appellant decree-holder. The decree-holder took the matter up in appeal. His appeal having been dismissed, he has filed this second appeal in the High Court.

3. Having heard learned Counsel for the appellant. I am of opinion that this appeal must be dismissed. It may be noted at the very outset that it is not claimed on behalf of the appellant decree-holder that he is entitled to the entire amount of the decree nor is it stated on his behalf that the two other decree-holders were not entitled to two-third share which has been paid off to them or to their heirs. On behalf of the decree-holder reliance has been placed on the provisions of O. 21, R. 1, Civil P.C. which provides as follows :

"All money payable under a decree shall be paid as follows, namely -

(a) ..........

(b) out of Court to the decree-holder; or

(c) .............,.."

4. It is argued by the learned Counsel that the word decree-holder must include the plural, decree-holders, hence payment must be made to all the decree-holders jointly at one time. The statute itself neither contains the word all nor the words "jointly at one time". All that it [connotes is that payment must be made to the decree-holder or decree-holders, and if they are shown or proved to have separate interests, in my opinion, separate payment to each of the decree-holders of their respective shares in the decretal amount is not barred nor prohibited. The statute, as it stands, does not postulate the joint concurrence of all the decree-holders as a condition precedent of satisfaction of the decree. An interpretation of statute that cannot be supported except by the addition of words not found in the body of the statute itself is a strained one and must be rejected as unwarranted. The interpretation sought to be given to this provision of law by the learned Counsel for the appellant if accepted might result in hardship in certain cases where a joint decree is passed in favour of a number of decree-holders having separate and divisible shares in the decretal amount.

If, for example, one of the decree-holders has gone abroad or is untraceable for the time being, then according to the interpretation placed by the learned Counsel for the appellant, it would not be possible for the judgment-debtor to pay off the share or shares of the remaining decree-holders out of Court. Nor would it be possible for the remaining decree-holders to accept out of court payment of their shares in the decretal amount in partial satisfaction of the decree. It would also not be possible for the Court to record satisfaction of such pa















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