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Report No. 110

VIII. Joint Decrees

34.34. Joint decrees.-

Another question concerning the provisions of section 214 arises in connection with joint decrees. Where the decree was passed jointly in favour of more than one decree-holder, and each one of them in his own right could execute the decree (provided the execution is for the benefit of all), the bar in section 214 does not apply1. Section 214, it has been held, can apply only when there is one decree-holder.

Where there is only one decree-holder, taken on the death of the decree-holder, the legal representatives have no right to take out execution proceedings unless they have stepped into the shoes of the decree-holder by obtaining a succession certificate. In a Rajasthan case2, there was only one decree-holder, and in order to avoid future conflicts between rival claimants, the bar of section 214 was held to apply. An Assam case3, is to the same effect.

1. Nand Lal v. Mahavir Kumar, AIR 1974 Raj 189.

2. Ganeshmal v. Anand Kanwar, AIR 1968 Raj 273.

3. Ramnibas Aggarwal v. Mt. Badumikalita, AIR 1967 Assam 27.

The Indian Succession Act, 1925 Back

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