Patel, J. - (1.) Corporation obtained decree for possession on April 5, 1957. The first application for execution was made on April 4, 1959; second on April 1, 1960 and the third on January 23, 1963. Then on January 19, 1965, it applied for withdrawing first and third applications i.e., of April 4, 1959 and January 23, 1963. Notice in application for execution under Order 21, dated April 1, 1960, was served by substituted service on the judgment-debtors. The judgment-debtors resisted the execution on two grounds. They are : (1) The application as made by the Estate Agent and Land Manager and not by the Commissioner was bad in law; (2) The applications made earlier merged in the last and if so, execution is barred as it is filed more than three years after the decree. The lower Court rejected the contentions. The same points are urged before me.
(2.) As to the first point it is argued that the power of the Commissioner under section 517(j) of the Bombay Municipal Corporation Act, 1888 to institute and prosecute any suit... cannot be delegated to any other person since section 68 of the Act provides for delegation of powers vested in him only under section 517(l) (a) and as the application for execution of the decree is signed by the Estate Agent and Land Manager, the application is bad.
(3.) I have no doubt that the application for execution need not be signed by the Commissioner. In this connection the relevant provisions that fall for consideration are Order 21, rules 10 and 11. So far as relevant, they are : "10. Where the holder of a decree desires to execute it, he shall apply to the Court which passed the decree or to the officer (if any) appointed in this behalf, or if the decree has been sent under the provisions hereinbefore contained to another Court then to such Court or to the proper officers thereof." "11. (2) Save as otherwise provided by sub-rule (1), every application for the execution of a decree shall be in writing, signed and verified by the applicant or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case, and shall contain in a tabular form the following particulars, namely: (a) the number of the suit; (b) the names of the parties; (c) the date of the decree; (d) whether any appeal has been preferred from the decree; (e) whether any, and (if any) what, payment or other adjustment of the matter in controversy has been made between the parties subsequently to the decree; (f) whether any, and (if any) what, previous applications have been made for the execution of the decree, the dates of such applications and their results; (g) the amount with interest (if any) due upon the decree, or other relief granted thereby, together with particulars of any cross-decree, whether passed before or after the date of the decree sought to be executed; (h) the amount of the costs (if any) awarded; (i) the name of the person against whom execution of the decree is sought; and (j) the mode in which the assistance of the Court is required, whether (i) by the delivery of any property specifically decreed; (ii) by the attachment and sale, or by the sale without attachment, of any property; (iii) by the arrest and detention in prison of any person; (iv) by the appointment of a receiver; (v) otherwise, as the nature of the relief granted may require.";