Executing Court must dispose of Execution Proceedings within six months from date of filing, which may be extended only by recording reasons for such delay
In a money suit, the Court must invariably resort to O. 21 R.11, ensuring immediate execution of decree for payment of money on oral application. In a suit for payment of money, before settlement of issues, the defendant may be required to disclose his assets on oath, to the extent that he is being made liable in a suit. The Court may further, at any stage, in appropriate cases during the pendency of suit, using powers under S.151 CPC, demand security to ensure satisfaction of any decree. The Court exercising jurisdiction under S.47 or under O.21 of CPC, must not issue notice on an application of third-party claiming rights in a mechanical manner. Further, the Court should refrain from entertaining any such application(s) that has already been considered by the Court while adjudicating the suit or which raises any such issue which otherwise could have been raised and determined during adjudication of suit if due diligence was exercised by the applicant.
The Court should allow taking of evidence during the execution proceedings only in exceptional and rare cases where the question of fact could not be decided by resorting to any other expeditious method like appointment of Commissioner or calling for electronic materials including photographs or video with affidavits. The Court must in appropriate cases where it finds the objection or resistance or claim to be frivolous or mala fide, resort to Sub-rule (2) of R.98 of Order XXI as well as grant compensatory costs in accordance with S.35A. Under S.60 of CPC the term "...in name of the judgment- debtor or by another person in trust for him or on his behalf" should be read liberally to incorporate any other person from whom he may have the ability to derive share, profit or property.
The Executing Court may on satisfaction of the fact that it is not possible to execute the decree without police assistance, direct the concerned Police Station to provide police assistance to such officials who are working towards execution of the decree. Further, in case an offence against the public servant while discharging his duties is brought to the knowledge of the Court, the same must be dealt stringently in accordance with law. The Judicial Academies must prepare manuals and ensure continuous training through appropriate mediums to the Court personnel/staff executing the warrants, carrying out attachment and sale and any other official duties for executing orders issued by the Executing Courts. Directions issued to all the High Courts to reconsider and update all the Rules relating to Execution of Decrees, made under exercise of its powers under Art.227 of the Constitution of India and S.122 of CPC, within one year.
Appearing Counsel/s: Mr. Paras Jain, Mr. Shailesh Madiyal
