M.Palanisamy vs The State Of Tamil Nadu on 8 June, 2009
12.In Kasi Prosad v. Moto Lall (AIR 1959 Calcutta 566), a Division Bench of the Kolkatta High Court has held as follows:-
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Kasi Prosad Khaitan vs Moti Lall And Ors. on 29 April, 1958
M.L. Gupta vs Aerens Gold Souk International Ltd. & ... on 22 February, 2018
21. The same is the view of the Division Bench of the High Court of
Calcutta in Kasi Prosad Khaitan Vs. Moti Lall AIR 1959 Cal 566, holding
that unless the Execution Application mentions the mode in which the
assistance of the Court is required, the matter will be entirely at large and the
Court or the judgment debtor will not be in a position to know what steps are
proposed to be taken for execution of the decree.
Fulsinh Kesri Sinhji vs Vallabhdas Hargovandas And Anr. on 19 June, 1968
4. Mr. Vin first referred to Kasi Prasad Khaitan v. Moti Lall, AIR 1959 Cal 566 in which exactly an identical question was raised before the Division Bench of the Calcutta High Court. The question for consideration that was raised in that case was whether an application for execution in which the mode in which the assistance of the Court is required does not mention attachment or sale of property but says that the decree-holder prays for realisation of the decretal duea by rateable distribution of the money that will be realised in another execution application of that Court, can be considered to be an application for execution validly made within the meaning of Section 73 of the Code of Civil Procedure. After considering the provisions contained in Order XXI, Rule 11(2)(j), it was held that a mere application for rateable distribution which does not contain the particulars mentioned In Sub-rule (2) of Rule 11, is not an application for execution but where there is an application which is in all other respects a proper application for execution under Order XXI, Rule 11(2), it does not cease to be a valid application merely because the mode in which the assistance of the Court required is mentioned as rateable distribution of money that will be realised in another execution case.
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