Order 21, rule I, Clause (b) means "decree-holders" if there are two or more of them. Similarly in Order 21, Rule ... discharge.
21. In my opinion, there is nothing in the language of Order 21, Rules 1 and 2 or Rule 15 to preclude a decree
darkhast application came to be filed under the provisions of Order 21, Rule 15, which enables one or more of the decree-holders to apply ... Court in the present case should, under Sub-rule (2) of Rule 15 of Order 21, make an order protecting the interests of Manoranjan
must go back to the District Judge for passing orders under Order 21, Rule 15(2) and 16 Costs to abide.
Kumaraswami Sastri ... 21, Rules 15 and 16 cutting down the right, Section 151 will empower the court to grant relief by applying principles analogous to Rules 15
subject to fulfilling the requirements under Order 21 Rule 11 (2) of C.P.C . Order 21 Rule 15 C.P.C . deals with ... contrary to the stipulations contained in Order 21 Rule 15 C.P.C . The said Rule 15 only gives a power
rule (1)
of Rule 15 of Order XXI of the Supreme Court Rules 1966 3 by the Supreme Court
(2nd Amendment) Rules 19814 was contrary ... Article 21.”
29. We have set out the sweep of Article 21 because the
rule framed by this Court, namely. Order 21, Rule
15
file execution petition for benefit
of other decree holders invoking Order 21 Rule 15 of the Code of
Criminal Procedure .
15. In the decision reported ... been held that:
"Under Order 21 Rule 15(1),where a decree has been passed
jointly in favour of more persons than
Rule 53 of Order XXI of the Code of Civil Procedure . Sub-rule (1) (b) (ii) of Rule 53 and Sub-rule (2) of that ... position of Order 21 Rule 15 of the C.P. Code. The said provision is quoted hereinbelow :--
"Rule 15. Application for execution by joint
executed by one of the
decree holder under Order 21 Rule 15 CPC .
27. Hon'ble High Court of Allahabad in case titled ... decree holders under the provisions of Order 21, Rule 15 CPC at least to
the extent of the share of the decree holder. The relevant
basis of the provisions of Order 21, Rule
15, C.P.C ., the principles of joint decree-holder
executing a decree can be made applicable ... been argued on behalf of the respondent
that Order 21, Rule 15 applies only to decree-
holders in whose favour a decree had been
passed
Krishna Kumar Singh & Anr vs State Of Bihar & Ors on 2 January, 2017
