NDLI: Sobha Singh and Sons Pvt. Ltd. Vs. Shashi Mohan Kapur (deceased) Thr. L.r.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Words & Expressions Code of Civil Procedure Discussed r.3 Or. XXIII 1908 Meaning of “and shall pass a decree in accordance therewith”
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Civil Procedure, 1908 (5 of 1908)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Civil Procedure, 1908 – Or. XX, rr. 6, 6A & 7, Or. 21, rr.2, 11(2) & (3) and Or. XXIII, r.3 and ss. 35-A, 151 – Appellant- landlord is the decree holder and the respondent is the judgment debtor – Appellant let out the suit house to the father of the original respondent – Appellant filed suit in 2009 against the respondent inter alia for his eviction from the suit house – Respondent compromised the matter– Suit disposed of in terms of the said compromise– Respondent filed application for extension of time to vacate the suit house – Allowed– Respondent filed another application seeking further time to vacate the suit house – Dismissed – Respondent failed to vacate the suit house – Appellant filed Execution Petition for execution of the consent order dated 01.06.2012 for obtaining vacant possession of the suit house – Judgment debtor died leaving behind the present respondent as legal representative of the original tenant – Respondent filed four applications challenging the executability of the consent order as being null and void – Dismissed by the Executing Court imposing cost of Rs.5 lakhs – First appeal filed by the Respondent – Allowed by the High Court – Held: High Court was not right in holding that in the absence of a formal decree not being drawn or/and filed, the appellant had no right to file the Execution petition on the strength of the consent order dated. 01.06.2012 – Principle in r.6A (2) of Or.XX dealing with the filing of the appeal without enclosing the copy of the decree along with the judgment and providing the consequence of not drawing up the decree, can be made applicable also to filing of the execution application u/Or.XXI, r.2 – It is not necessary to file copy of the decree along with execution application unless the Court directs the decree holder to file certified copy of the decree – Thus, even though the appellant did not file the certifiedcopy of the decree along with the execution application for the reason that the same was not passed by the Court, yet the execution application filed by the appellant was maintainable –Further, all the objections raised by the respondent were frivolous and were raised only with a view to avoid execution of the compromise decree – Respondent took time twice to vacate the suit house and yet did not adhere to the undertaking given –Such conduct cannot be countenanced and is reprehensible– Executing Court was right in rejecting the objections raised by the respondent in his applications – No ground to interfere in the findings of the Executing Court – However, cost of Rs.5 Lakhs is excessive – Respondent to pay compensatory cost of Rs.50,000/- to the appellant– Further directions issued – Decree. Words & Expressions – “and shall pass a decree in accordance therewith” – Meaning of – Discussed – Code of Civil Procedure, 1908 – Or. XXIII, r.3.
Judge	Hon'ble Mr. Justice Abhay Manohar Sapre
Neutral Citation	2019 INSC 756
Petitioner	Sobha Singh And Sons Pvt. Ltd.
Respondent	Shashi Mohan Kapur (deceased) Thr. L.r.
SCR	[2019] 9 S.C.R. 949
Judgement Date	2019-07-15
Case Number	5534

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Sobha Singh and Sons Pvt. Ltd. Vs. Shashi Mohan Kapur (deceased) Thr. L.r.

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