"Dispose Of Execution Proceedings Within Six Months From The Date Of Filing": Supreme Court Issues Directions To Reduce Delay

Team SoOLEGAL 28 Apr 2021 3:19pm

The Supreme Court while hearing an appeal regarding execution proceedings which was pending for over 14 years had held that an Executing Court must dispose of all Execution proceedings within six months from the date of filing. Extension can be granted only by recording reasons in writing for such delay. Former CJI SA Bobde, Justice L. Nageswar Rao and Justice S. Ravindra Bhat were hearing the appeal and held that, all the High Courts should update the rules regarding Execution of Decrees within one year of this order. According to the Court, these instructions are issued in exercise of the jurisdiction granted by Article 142 read with Articles 141 and 144 of the Indian Constitution in the wider public interest to serve the process of justice in order to end the needless ordeal of litigation endured by parties awaiting the fruits of decree and, in a broader sense, to affect litigants' confidence in the legal system.        

The Court had given few directions which are to be followed till the rules are brought into existence. In proceedings which are related to the delivery of possession, it is necessary for the Court to examine the parties under Order X regarding third party interest and the Court must ask the parties to show documents which are in possession of the parties and it must include declaration pertaining to third party interest. In certain cases, where there is no dispute regarding the possession and does not stand as a question of fact for adjudication to the Court, then the Court has the authority to appoint Commissioner to look after all the important details related to the property, mainly the proper description and the current status.

After thorough examination of the parties under Order X and all the documents are produced under Order XI or after the report of the Commissioner, the Court should add all the important and required proper parties to the suit to avoid multiple proceedings. Before passing the decree related to delivery of possession of the particular property, the Court must make sure that the decree is simple to understand. The status of the property should also be mentioned along with clear description of the same. Before problems are resolved in a suit for payment of money, the defendant will be forced to report his assets under oath, to the extent that he is being held liable in the suit. The Court can also, at any time during the pendency of the suit, use its powers under Section 151of Civil Procedural Code, 1908, to demand security to ensure the fulfilment of any decree.

The Court while dismissing the appeal was of the view that these appeals depict the decree holder's difficulties in enjoying the fruits of litigation due to excessive delay incurred during the course of decree execution.

Tagged: Supreme Court   CJI SA Bobde   High Courts   Indian Constitution   legal system   Civil Procedural Code  
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