JUDGMENT : AIKMAN, J. 1. One Thakur Das and the appellant Moti Ram are joint holders of a decree against the respondent, Hannoo Pershad. Moti Ram applied, under section 231 of the Code of Civil Procedure, for execution of the decree on behalf of himself and Thakur Das, Thakur Das had certified before, under section 258, full satisfaction of the decree, stating that he had received in cash Rs. 500, and a bond for Rs. 100 and that he had remitted the balance of the decrial amount. He did not certify satisfaction of the decree in favour of himself and Moti Ram. In fact he makes no mention of Moti Ram in his application under section 258. The lower appellate court has held that Moti Ram is bound by this satisfaction so certified, and that his application to execute cannot be granted. Moti Ram comes here in second appeal. In my judgment the appeal must succeed. Under section 231 of the Code, a court, if it sees sufficient cause, may allow execution of a joint decree on the application of one or more of the decree-holders that the whole decree be executed for the benefit of the decree-holders, but if it does so it is bound to pass such order as it deems necessary for protecting the interests of the persons who have not joined in the application. When one of two or more joint decree-holders take it upon himself to certify satisfaction of the whole decree, it is clear that no provision can be made by the court for safe-guarding the interests of the other decree-holder or decree-holders, and that if a court were bound to recognize such an adjustment out of court, the remaining decree-holders might be driven to bring another suit to recover money for which a decree had already been passed in their favour. 2. If a judgment-debtor takes it upon himself or is so unwise as to pay to A out of court money for which A and B hold a decree, he does so at his own risk.
2. If a judgment-debtor takes it upon himself or is so unwise as to pay to A out of court money for which A and B hold a decree, he does so at his own risk. In the case of Musammat Bibi Buddhun vs. Musammat Hafiza, (1) 4 C.L.R. p. 70, the learned Judges remarked “if one of several joint decree-holders must obtain the leave of the court before he can proceed with execution of his decree, and if even then the court is bound to protect the interests of absent decree-holders, it seems perfectly clear that no decree-holder can assume to himself the power of giving a discharge out of court for the full amount of the decree.” In this case Thakur Das has assumed to himself such a power. The case just cited was followed and approved of by a Bench of this Court in a case not as yet reported, viz. E.S.A. 1167 of 1902. It is in accord with the rulings in the cases of Balgovind vs. Bhawanee Deen Sahoo, 1 Agra Mis. Appeal, 16, Mahima Chandra Roy vs. Pyari Mohan Chowdhry, 2 B.L.R. App. 43, Sultan Moideen vs. Suvalayammal, [1892] I.L.R. 15 Mad. 343, where it was held that a payment to one of two decree-holders is valid only to the extent of that decree-holder's share, and with what was said in Tarruck Chunder Bhattacharjee vs. Devendro Nath Sanyal, [1883] I.L.R. 9 Cal. 831. The learned Vakil for the respondent relies on the ruling in Ranee Nyna Koer vs. Doolee Chand, [1874] 22 W.R. 77. There are observations in the judgment in that case which do support the plea taken on behalf of the respondent, but I do not agree with them and, as has been shown, the weight of authority is clearly in favour of the appellant. The appellant asks for execution to the extent of half the decrial amount only, and to this, I think, he is entitled. For this reason, I allow the appeal with costs, and setting aside the order of the courts below, I direct that the decree be executed in favour of Moti Ram for recovery of half the amount of the decree. The appellant will have his costs in the lower appellate court. As in the court of the Munsif, the appellant asked for the execution of the whole decree.
The appellant will have his costs in the lower appellate court. As in the court of the Munsif, the appellant asked for the execution of the whole decree. I make no order as to costs in that court.