amarendra dash (advocate) 01 April 2023
T. Kalaiselvan, Advocate (Advocate) 01 April 2023
The judgment debtor only has to satisfy the decree and not his higher authoritiy.
The court cannot implead an irrelevant third person to the case .
The plaintiff is the decree holder in the main suit and he is the petitioner/decreeholder in the execution petition.
It is well settled principle of law that basically, it is for the plaintiff in a suit to identify the parties against whom he has any grievance and to implead them as defendants in the suit filed for necessary relief. He cannot be compelled to face litigation with the persons against whom he has no grievance.
Dr J C Vashista (Advocate) 02 April 2023
Very well analysed, opined and advised by expert Mr. T Kalaiselvan, I endorse.
It is only and only JD to satisfy subject decree in execution petition where higher authority may manage funds to JD to satisfy the decree.
But higher authority cannot be impleaded as a party with JD.