Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908: Or. XXI r. 34 – Decree for execution of a sale document – Decree holder-respondents filed for execution petition of decree of specific performance of a sale deed – Court issued direction to execute the sale deed in favor of decree holder – Objections to the execution of sale deed of judgment debtor rejected – Draft sale deed submitted by the decree-holder was approved by the execution court – Revision petition filed by appellant/judgment debtor – Dismissed by the High Court – In appeal before this Court case of the appellant/judgment debtor that objection of appellant/judgment debtor to the draft sale deed were not taken as required u/Order XXI Rule 34 – On appeal, held: It is not required that the decree holder must directly deliver the draft sale deed to the judgment debtor – Procedure, is that the decree holder must make it available to the Court – Under Order XXI Rule 34, it becomes the duty of the court to thereupon cause the draft to be served upon the judgment debtor – There must be a notice inviting objections and the court may fix a time within which objections are to be filed – Judgment debtor may or may not object – Execution court to hand over the copy of the draft sale deed produced by the respondents within the stipulated period – Appellant would be free to file his objections to the draft sale deed and thereafter, after hearing the parties, a decision would be taken on the objections.Or. XXI r. 34 – Decree for execution of a document – Held: Order XXI Rule 34 sub-rule (3) contemplates a situation where the judgment debtor objects – This is to be contained in writing within the time provided – The court is duty bound to make an order approving or altering the draft as it thinks fit – It is also important from the point of view of the role of the executing court which is to act in conformity with the decree – Though, it is indeed open to the executing court to construe the decree; it cannot go beyond the decree – Order XXI r. 34 cannot be diluted and any such departure from the provisions can have highly deleterious consequences not merely qua the parties but also persons who come to deal with those parties in future. |
Judge | Hon'ble Mr. Justice K.M. Joseph |
Neutral Citation | 2022 INSC 247 |
Petitioner | Rajbir |
Respondent | Suraj Bhan & Anr |
SCR | [2022] 16 S.C.R. 932 |
Judgement Date | 2022-02-28 |
Case Number | 1700 |
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