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Report No. 77

Chapter 11

Execution

11.1. Importance of execution.-

The execution of decrees represents a very important feature of civil litigation. Leaving aside the limited number of decrees like declaratory decrees which by their very nature are inexecutable, all other decrees have to be executed before the relief sought by the successful aggrieved person is obtained by him in concrete terms. Unless, therefore, a decree-holder is in a position to effectively execute his decree, the decree obtained by him would be no more than a piece of paper or a teasing illusion.

Complaint has been repeatedly made that many of the decree-holders in India and it difficult to obtain full, and in some cases even a partial, satisfaction of their decrees. The Government of India in a letter addressed to the Provincial Governments in June 1923, referred to the statistics in different courts with a view to highlight the non-satisfaction of the decrees in a large number of cases.1

The Law Commission, in its Fourteenth Report2 also referred to it when it said that the general complaint against the system of execution of decrees of civil courts in India is that in a large number of cases the decree-holders, who have obtained after much trouble and expense, decrees for payment of money or for delivery of specific property or for other relief, are not able to obtain full, or even a partial, satisfaction of their decrees. The evil was noticed as far back as 1872 by the Privy Council in the Maharaja of Darbhanga's case3 wherein it was stated that the difficulties of a litigant in India begin when he has obtained a decree.

1. Letter dated 25/28 June, 1923, addressed by the Government of India to the Provincial Governments, quoted in the Civil Justice Committee Report, pp. (v)-(vi) and the 14th Report, Vol. I.

2. 14th Report, Vol. I.

3. General Manager of the Raj Darbhanga v. Moharaj Coomar Rampus .Singh, (1872) 14 Moor's Indian Appeals 612,



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