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Judgment
A money decree was passed by this court in appeal and sent to District Judge, Kathua for execution. From there it was transferred to learned
District Judge, Jammu, who held the decree as having been satisfied. He also rejected the execution proceedings on the ground that decree holders
had not filed a fresh application for execution before him in terms of Order 21, Rule 10 CPC and Appellantsdecree holders are aggrieved of this
order on a number of grounds.
Mr. J.P. Singh, learned counsel for appellants submits that the executing court had fallen in error on both counts. According to him it was not
necessary for appellants to file a fresh application for execution, as they had already filed one before this court, which had passed the decree.
Secondly, the decree could not have been held to have been satisfied, as appellants had not been paid the decrials amount in full.
I have considered the matter. There can be no dispute with the proposition that a decrees holder is obliged to make an application seeking
execution of the decree. The execution proceedings can't be set in motion without such application having been made by the decree holder. Nor
can the executing court. Embark on execution of a decree suomoto. But Order 21 rule 10 CPC gives him different options. He may make it to the
court, which has passed the decree, or to the court where the decree stands transferred for execution. Where it has been made before the court
passing the decree, it need not be made before transferee executing court. Therefore, a transferee executing court can't reject proceedings on that
ground. Viewed thus, it is not difficult to hold that since appellants had made the requisite application before this court, they were not required to
file any further application before the executing court and rejection of proceedings on this count was not justified.
It is also evident from the terms of order impugned that the decree had not been satisfied as some amount still remained to be paid to the
appellantsdecree holders. If that position transpires from record, decree could not be held to have been satisfied.
In the circumstances, I deem it proper to require learned District Judge, Jammu to have a fresh look at the matter and to find out from record if the
decree stands wholly or partially satisfied. In the later case, he shall proceed with the execution of the decree in accordance with law. This appeal
is allowed to the extent indicated. Record be returned to the court concerned.