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Autoo Misree and ors. Vs. Bidhoo Mookhee Dabee - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1879)ILR4Cal605
AppellantAutoo Misree and ors.
RespondentBidhoo Mookhee Dabee
Excerpt:
execution of decree - application by mooktear on behalf of judgment-creditors--act viii of 1859, section 207. - .....case the court is authorized to allow such claim, taking proper steps to protect the interests of the other parties. this is not a case of that sort, but the application was really made on behalf of all. even, however, if it had been dealt with under section 207, it would equally have been an application to execute the decree, such as would avail the other decree-holders. it appears to us that, although objection might have been taken to the form of this application, and the court might have thought it necessary to order the form to be amended, still it was an application substantially on behalf of all the parties concerned, and ought to have been treated accordingly. we think that execution is not barred, and ought to be allowed to proceed. the appeal is allowed with costs.
Judgment:

Jackson, J.

1. Now Section 207 applies only to cases where only one of several decree-holders for himself claims to execute the decree. In that case the Court is authorized to allow such claim, taking proper steps to protect the interests of the other parties. This is not a case of that sort, but the application was really made on behalf of all. Even, however, if it had been dealt with under Section 207, it would equally have been an application to execute the decree, such as would avail the other decree-holders. It appears to us that, although objection might have been taken to the form of this application, and the Court might have thought it necessary to order the form to be amended, still it was an application substantially on behalf of all the parties concerned, and ought to have been treated accordingly. We think that execution is not barred, and ought to be allowed to proceed. The appeal is allowed with costs.


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