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AIR 2021 SC 2161
::AIROnline 2021 SC 222
Supreme Court Of India
Hon'ble Judge(s):
S. A. Bobde,
L. Nageswara Rao,
S. Ravindra Bhat
, JJJ
(A) Civil P.C. (5 of 1908) , S.47, S.51, O.11 R.14, O.21 R.22, S.97, S.104— Execution of decree - Delay - Controversies and multiple issues emanating due to rights claimed by third parties - Before settlement of issues Court must, exercise power under O. 11 R. 14 by ordering production of documents upon oath. There are legal complexities, large pendency of execution proceedings and large number of instances of abuse of process of execution. Remedies provided for preventing injustice are actually being misused to cause injustice, by preventing a timely implementation of orders and execution of decrees. To avoid controversies and multiple issues of a very vexed question emanating from the rights claimed by third parties, the Court must play an active role in deciding all such related issues to the subject matter during adjudication of the suit itself and ensure that a clear, unambiguous, and executable decree is passed in any suit. Some of the measures in that regard would include that before settlement of issues, the Court must, in cases, involving delivery of or any rights relating to the property, exercise power under Order XI Rule 14 by ordering production of documents upon oath, relating to declaration regarding existence of rights of any third party, interest in the suit property either created by them or in their knowledge. It will assist the court in ....
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