15. Application for
execution by Joint decree-holders.—(1) Where a decree has
been passed jointly in favour of more persons than one, any one or more of such
persons may, unless the decree imposes any condition to the contrary, apply for
the execution of the whole decree for the benefit of them all, or, where any of
them has died, for the benefit of the survivors and the legal representatives
of the deceased.
(2) Where the Court sees
sufficient cause for allowing the decree to be executed on an application made
under this rule, it shall make such order as it deems necessary for protecting
the interests of the persons who have not joined in the application.
Explanation:
When an application is made
to judicial officer, under Order XXI, Rule 15, of the Code of Civil
Procedure, for the execution of the whole decree by one or more persons, not
being all the persons in whose favour the decree appears to be, he should cause
notice thereof to be given to the remaining decree-holders or their
representatives, and he ought not to grant the application unless, after all
these parties have had an opportunity of being heard, he is satisfied that
there is good reason for the application.
Where the decree is
severally in favour of more persons than one, specifying what each is entitled
to there may be applications for partial execution. But where the decree is
jointly in favour of more persons than one, the application must be for the
execution of the entire decree, so far as it remains unexecuted or unsatisfied;
and if the application is for execution of a fraction or a proportionate part
of the decree only, it should be refused.
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