TaxTMI 
TaxTMI 
1933 (2) TMI 19
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....m the date of the filing of the suit. In the year 1924 the plaintiff filed a darkhast asking for payment of the principal sums awarded by the decree and costs. The form of the application follows form 6 in appendix E to the schedule of the Civil Procedure Code. It states in paragraph 7, in accordance with the requirements of Order XXI, Rule 11 (2) (g), that the claim in suit is Rs. 1,359 to be paid to the plaintiff and costs and interest at the rate of six per cent, per annum from the date of filing of the suit. Then in column 8 it shows what costs have been awarded and totals up those costs, with the sum of Rs. 1,359, as amounting to Rs. 1,615-10-8. Then in the tenth column the plaintiff prays that the total amount of Rs. 1,615-10-8 and th....
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....executed gives two different reliefs, for example, possession of Immovable property and mesne profits, the decree may be executed separately in respect of the possession and mesne profits. There is plenty of authority in support of that proposition, upon which I desire to cast no doubt whatever. The second proposition which the learned Judge accepted was that, generally speaking, piecemeal execution of a money decree is not permissible. But the view he took was that in the absence of any definite rule of law compelling the decree-holder to apply for interest at the same time as the principal it was permissible for the darkhast-holder to make separate applications for such principal and interest. So that, I think he really held that this cas....
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....pplication for execution the amount with interest if any due upon the decree must be stated, and there is no express provision for stating the amount for which the execution-creditor desires to levy execution. Rule 15 provides for the execution of a decree passed jointly in favour of more persons than one and provides for the whole decree being executed by one of the joint holders, and does not confer any power on the joint holders to execute the decree to the extent of their respective interests. The proviso to Rule 17 and the terms of Rule 64 also seem to me to suggest that the decree must be executed for the amount payable under it. In my opinion, there is no authority for the proposition that a single money decree for sums immediately p....
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....e balance. Certain cases were referred to by Mr. Chitale arising under Article 182 of the Indian Limitation Act in which it was held that a darkhast for part of the amount due would be a step in execution which would prevent a subsequent darkhast from being time barred. But the actual question which we have to decide was not considered or discussed in those cases. In my opinion, therefore, this appeal must be allowed and we must hold that the effect of the earlier darkhast for a portion of the amount due at the date thereof was to prevent the judgment-creditor from taking subsequent darkhast proceedings for the balance. S.J. Murphy, J. 3. The point we have to decide is whether, when a judgment-creditor has obtained a decree for princi....