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Sri Amit Kumar Banerjee vs Sri Balaram Nag & Ors on 16 February, 2024 cites

Sree Sree Iswar Sridhar Jew vs Jnanendra Nath Ghose And Ors. on 3 February, 1958

8.3. This Hon'ble Court in Sree Sree Iswar Sridhar Jew versus Jnanendra Nath and Others2 has laid down law that where a scheme of 1 AIR 1947 All 390 2 AIR 1960 Cal 718 12 decree is otherwise executable and gives any rights to any party, which can be enforced by execution, the fact that the person seeking execution was formerly a defendant in the suit and a judgment debtor under the decree cannot possibly prevent him from working out the decree by execution. In view of the above discussion, there cannot be any dispute that the decree passed in a suit can be allowed to be executed by defendant/judgment debtor in the suit too. There are many instances in which a decree can be said to be in favour of the parties to the litigation irrespective of the facts whether they are plaintiffs or defendants in the suit. In such circumstances, the decree can be said to be capable of execution at the instance of any of the parties to the suit. For example, in a suit for specific performance where a decree for specific performance for agreement of sale been passed in favour of the plaintiff (decree holder) directing the plaintiff to deposit of the sale amount and get the sale executed within a stipulated period but he fails to do so. In such event, the judgment debtor/defendant can also ask for specific performance of the agreement to sale. In view of the above discussion, there cannot be any quarrel that a defendant/judgment debtor can also seek for enforcement of the decree by way of execution.
Calcutta High Court Cites 5 - Cited by 8 - Full Document
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