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Report No. 77

11. Execution

(64) Need pay sufficient attention to the execution of decrees is emphasized.1

1. Para. 11.1.

(65) One great obstacle in obtaining satisfaction of the decree is the tendency on the part f a judgment-debtor to file objections either himself of through some other pc on. Most of these objections, when scrutinised, are found to be without merit1

1. Para. 11.2.

(66) The tendency of the courts not to pay attention to execution work because of the fact that the disposal of an execution application does not count towards the standard disposal must be deprecated.

To meet this difficulty, we might either allow some credit (in terms of units or otherwise) for those cases in which the decree-holder gets complete satisfaction of the decree or in the alternative, we might have a quarterly statement from each of the judicial officers in the district, giving statistics about the cases in which there was satisfaction of the decree, either fully or in part, as also the cases in which there was no satisfaction of the decree. The fact that the percentage of complete satisfaction of the decree in a court was very high should count as a plus point in favour of the presiding officer of that court.1

1. Para. 11.3.

(66A) In eviction cases relating to urban property, delay is caused by successive attempts to obstruct delivery. Due attention should therefore be paid to execution proceedings and in the statistical abstracts credit should be given for the disposal of these proceedings. Executing court can also exercise the powers amply conferred by the present law to stop such obstructions.1

1. Para. 11.3A.

(67) The satisfaction of a decree in quite a large number of cases depends upon the Nazirs who are entrusted with carrying out the different steps in the course of the execution of a decree. The officials concerned with the execution of decrees should be men of experience and, by and large, should project an image of integrity. We might think of revising the pay-scales of these officials. e work of these officials should be constantly supervised by a judicial officr1

1. Para. 11.4 (and also para. 4.6).

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