Dismissed

Daljeet Singh v. M/S Laxmanlal Rampratap and Ors.

Rajasthan HC11 Nov 2014CW/182/2005

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging an executing court's order to attach properties of only one defendant in a joint decree. The court held that recovery from any one defendant of a joint decree is permissible, with that defendant entitled to seek contribution from co-defendants.

What did the court decide?

The writ petition filed under Article 227/227 was dismissed.

Daljeet Singh Vs M/S Laxmanlal Rampratap and Ors. — Execution and Attachment | Rajasthan HC (2014)

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S.B. CIVIL WRIT PETITION NO.182/2005

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(1)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR

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O R D E R

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S.B. CIVIL WRIT PETITION NO.182/2005 (Daljeet Singh Vs. M/s. Laxmanlal Rampratap & Ors.)

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Date of Order : 11.11.2014

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HON'BLE MR. JUSTICE ALOK SHARMA

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Mr. A.K. Pareek, for the petitioner-defendant No.5. Mr. Pradeep Mathur, for the respondent-plaintiff.

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BY THE COURT

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Counsel for the petitioner-defendant No.5 (hereinafter 'D5') very fairly submits that even though this petition has been filed under Article 226 & 227 of the Constitution of India, it is one under Article 227 of the Constitution of India for invoking the supervisory jurisdiction of this Court in impugning the orders dated 01.12.2004 and 02.12.2004, passed by the Executing Court.

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Heard the counsel for D5 as also the respondentplaintiff (hereinafter 'P') and perused the impugned orders dated 01.12.2004 and 02.12.2004.

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The only contention of the counsel for D5 is that the judgment and decree dated 13.11.1992 passed by the Additional District and Sessions Judge No.3, Kota was jointly against eleven defendants. However before the Executing Court, the decreeholder sought attachment and auction of the properties only of D5 alone. Counsel submits that D5 in terms of the judgment and decree dated 13.11.1992 could have been only liable proportionately along with other 10 defendants for the decretal

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S.B. CIVIL WRIT PETITION NO.182/2005

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(2)

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amount (which has been so deposited with the Executing Court) and it was not open for the decree-holder to contend that the entire decretal amount constituted of arrears of rent and interest thereon as directed by the Additional District and Sessions Judge No.3, Kota should only be recovered from D5.

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Counsel for P has however submitted that the judgment and decree dated 13.11.1992 was a joint decree against all the defendants and it was open for P at his convenience to recover the decretal amount from all or any of the defendants in the suit.

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Counsel for D5 has not been able to invoke any specific provision of the Code of Civil Procedure or rely upon any decided case in support of his contention. In my considered opinion, the contention is therefore vacuous based on easy logic and nothing more. A decree having been jointly passed against all the defendants, in my considered view it was open for P to make recovery of the decretal amount from any of the defendants. In the event of the amount being recovered solely from a defendant alone, as D5 amongst several defendants in the suit where a decree has been jointly passed, it would be open for such a defendant to recover proportionate amounts under the decree from the other codefendants in accordance with law.

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The writ petition is without force.

Dismissed.

(ALOK SHARMA), J

MS/-

All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.- Manoj Solanki, P.A.

Daljeet Singh v. M/S Laxmanlal Rampratap and Ors.

Case brief

What is this about?

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Daljeet Singh v. M/S Laxmanlal Rampratap and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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