Splitting of claim in execution

Anish goyal (Querist) 31 December 2009 This query is : Resolved
It is general rule that order II R2 does not apply to the execution proceedings. My question is that if the decree holder applies for the one relief only in execution or if claims only a part of total decree,
1)whether his such part application for execution is valid?or
2) only 2nd application for rest of claim is not allowable?
3) both the applications of execution will go irrespective of splitting?
Please cite the case. Thanks

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PALNITKAR V.V. (Expert) 31 December 2009
There is nothing in CPC which prevents splitting of claim in execution petition.

Raj Kumar Makkad (Expert) 31 December 2009
Executing court cannot go beyond the decree to be executed. If there is splitting already under the decree only then part execution can be made otherwise court shall not allow it to be executed in phases.

niranjan (Expert) 31 December 2009
In order 21,rule ll(2)(f)whether any, and (if any) previous applications have been made for the execution of the decree, the dates of such applications and their results;...is mentioned, so accordingto me it can be done.

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