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amarendra dash (advocate)     01 April 2023

Execution of Decree

Can "state Judgement debtor" pray to the "executing-court" that his higher authority have sufficient means to satisfy the Decree, hence his "higher authority" should be Impleaded as "Judgement debtor" with him....? if yes, under what provision...?


 2 Replies

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.

1 Like

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.

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