top of page
Question Bank
Question
Explain the proactive measures a civil court can take during the initial stages of a suit involving immovable property to prevent future delays in execution, specifically referring to the powers of ordering document disclosure and issuing public notices?
Solution
To prevent future obstruction and delays during the execution of a decree, a civil court can proactively employ several measures at the suit stage itself. A key power is under Order XI, Rule 14 of the Code of Civil Procedure, 1908 (CPC), which allows the court to order any party to produce documents upon oath. This can include a declaration regarding the existence of any third-party interests in the suit property. Furthermore, to conclusively identify all potential claimants, the court can issue a public notice specifying the suit property and inviting claims. This notice should be affixed on the property and published on the court's official website. The objective is to ensure that all persons claiming any right, title, or interest come forward at the earliest stage, allowing the court to implead them as necessary parties under Order I, Rule 10 CPC, thereby avoiding multiplicity of proceedings later.
Question
How can the appointment of a Commissioner and a Receiver under the CPC aid in the effective and expeditious adjudication of a suit concerning property?
Solution
The appointment of officials like Commissioners and Receivers is a strategic tool to aid adjudication and protect the subject matter of litigation. Under Order XXVI, Rule 9 CPC, the court can appoint a Commissioner at the institution of a suit to carry out a local investigation. This report provides the court with an exact description, demarcation, and status of the property, including the nature of its occupation. This helps in accurately framing issues and identifying necessary parties. Simultaneously, under Order XL, Rule 1 CPC, the court can appoint a Receiver to act as custodia legis (in the custody of the law). The Receiver monitors, manages, and secures the property during the suit's pendency, ensuring its status is preserved until a final decree is passed, which subsequently facilitates a smoother execution process.
Question
Under what circumstances should an executing court entertain applications from third parties (obstructionists) claiming rights in the property under Order XXI of the CPC?
Solution
The executing court must deal with applications from obstructionists under Order XXI, Rule 97 (by the decree-holder against an obstructer) or Rule 99 (by a person dispossessed of property) with great caution and strictness. If proactive measures, such as issuing a public notice, were taken during the trial and no claims were raised then, the executing court should take this fact into strong account. Such belated objections at the execution stage should be entertained rarely. The court must refrain from mechanically issuing notices and should not entertain claims that could have been raised during the original suit with due diligence. This approach is essential to prevent frivolous and mala fide claims designed solely to delay the execution process.
Question
What specific procedures does the CPC envisage to ensure the swift execution of decrees, particularly in suits for payment of money?
Solution
The CPC provides specific procedures to ensure the swift execution of decrees. In a money suit, the court must invariably resort to Order XXI, Rule 11, which allows for the immediate execution of a money decree even on an oral application. To further secure the decree, even during the suit's pendency, the court can, under Section 151 CPC (which encapsulates the court's inherent powers), direct the defendant to provide security to ensure the eventual satisfaction of the decree. Additionally, before the settlement of issues, the defendant can be required to disclose his assets on oath to the extent of his liability. For all execution proceedings, a cardinal direction is that they must be disposed of within six months from the date of filing, with any extension requiring recorded reasons in writing.
Question
Discuss the powers of a civil court to impose costs and to seek police assistance for enforcing its decrees effectively?
Solution
To curb frivolous litigation and ensure its orders are respected, a civil court has robust powers. When the court finds that an objection or resistance to the execution of a decree is frivolous or mala fide, it can resort to sub-rule (2) of Rule 98 of Order XXI CPC. This provision allows for penal consequences, including detaining the obstructionist in a civil prison. Furthermore, the court can grant compensatory costs under Section 35-A CPC against parties who institute vexatious claims without any merit. Finally, if the executing court is satisfied that executing the decree is not possible without force, it can direct the concerned police station to provide police assistance to the court officials carrying out the execution, ensuring the decree is not rendered nugatory.
bottom of page