#478 

#arrest #attachmentofimmovableproperty #attachmentofsalary #attachmentofmovableproperty
Andhra High Court
A. Ramesh vs Chintala Prabha And Anr. on 14 August, 2001
Equivalent citations: 2001 (6) ALD 240, 2001 (6) ALT 529
Bench: P Narayana
ORDER
"Separate Application for each distinct prayer:- There shall be separate application in respect of each distinct relief prayed for. When several reliefs are combined in one application, the court may direct the applicant to confine the application only to one of such reliefs unless the reliefs are consequential and to file a separate application in respect of each of the others."
6. It is relevant to look into Rule 53 of the Rules here itself, which deals with the form of interlocutory applications:
"Form of Interlocutory Application :--Interlocutory applications shall be headed with the cause title of the plaint, original petition, or appeal, as in Form No. 13."
7. It is no doubt true that Rule 218 of the Rules dealing with application of rules specifies that Rules 53 to 59 and 213 supra shall apply to all applications by a party to the suit or matter made in or with respect to pending execution petition."
8. Rule 213 of the Rules reads as follows:--
Determination of question arising in execution of Decree:--If any question arises for the determination of the Court executing a decree the same shall be heard and determined upon the hearing of the petition or an application made therein, and, if evidence is taken orally, the court shall record the evidence of the witness, and mark all exhibits admitted in evidence, in accordance with Order XVIII, Rules 4 and 9 to the Code. The Court shall, in any case records its judgment and draw up its order in the same manner as upon the hearing of a suit.
9. Rule 209 of the Rules deals with application for execution, which reads as follows:
' 1. Except when made under Order XXI Rule 11 (1) of the Code, an application for execution of a decree shall be by petition and, in addition to the particulars set forth in Order XXI, Rule 11(2) of the Code, shall be headed with the cause title of the suit and separately numbered in each suit.
2. The Petition shall, if it relates to any property of the judgment debtor, pray for the realisation thereof, in the manner appropriate to the nature of the property, as in Form No-53 and shall also set out the whole of the relief which the Applicant requires at the time of presenting the same. The Court shall not grant any relief not claimed by the execution petition."
11. In the light of these provisions, now the question that has to be decided is whether there is any illegality in the order impugned in the present revision.
12. It is no doubt true that in E.P.12 of 1997 in O.S.No. 431 of 1991 on the file of Principal District Munsiff, Karimnagar, two reliefs have been sought for. It is pertinent to note that the relief granted is only issuance of delivery warrants, that too on the ground that the Appeal itself was dismissed. Under Order 21 Rule 11(2) (J), it is pertinent to note that apart from the relief of delivery of any property specifically decreed, the relief by the attachment or by the attachment and sale or sale without attachment of any property and also by the arrest and detention in prison of any person have been specified. Here itself, it is made clear that the Code of Civil Procedure is the parent legislation and the A.P. Civil Rules of Practice, 1990, at any stretch of imagination cannot over-ride the aforesaid rules.
13. Be that as it may, the main Execution Petition, in my opinion can contain more than one relief for the reason that E.P. could be filed for execution of a decree. A decree will be drafted on the strength of a judgment, the judgment and decree may grant several reliefs to a party and while putting the reliefs granted by virtue of a decree into execution, 1 do not think that any such restriction can be placed in filing the execution petition. In the light of the above provisions read with Order 21 Rule 11(2)(J) of CPC, I am of the opinion that in execution petition reliefs more than one also can be prayed for since execution petition will be filed only for the purpose of execution of the decree and if the decree grants several reliefs, in the execution petition, the decree holder need not be driven to file separate E. Ps for each relief and for the purpose of convenience decree holder is at liberty to execute the whole decree claiming all the reliefs in one execution petition or otherwise, at least at his own choice and convenience and hence such restriction as contended by Sri Ramesh Sagar cannot be imposed, even in the light of the provisions referred to supra.
14. However, the view which I am expressing is also supported by the decisions of this Court (cited 1 and 2 supra) wherein it was held that the decree holder has a right to proceed simultaneously against two judgment debtors and also ask for more than one relief.