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Executability of a Decree

By Kaiser Ansary

Published In

Air 2019

In the year 2002, sweeping amendments were introduced in the Code of Civil Procedure 1908 with a view to accelerating the tardy process of civil trials. But, unfortunately, no amendments were introduced in Order 21 of the Code, barring two inconsequential amendments: in O.21 R.32 for decree of restitution of conjugal rights, which is otherwise not specifically executable, and in O.21, R.92 about making a sale absolute.  As a result, the execution of a decree remains mired into umpteen procedural bottlenecks and hurdles. Thanks to these provisions, an execution proceeding almost mimics a regular trial, as far as the multiple stages are concerned.  The root cause of this abuse is partly the scope of S.47 of CPC which empowers the executing court to decide all the questions arising between the parties…... Even though there are a couple of judgments of various High Courts and t ....

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