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Report No. 114

3.10. Execution of the orders of forum.-

A decision of a court or a body set up to adjudicate the dispute by itself has hardly any relevance to the person who complains, of a justice having been done to him. After the decision is arrived at, the benefit granted by the decision must be translated into action. Execution of the judgments and decrees of the courts have been a fruitful source of further and more expensive litigation. The Commission was aware of the observation of the First Law Commission in its Fourteenth Report that "inordinate delays would frequently occur at various stages of the progress of an execution application".1 The First Law Commission accordingly made certain recommendations to expedite disposal of execution with proceeding, however, retaining Order 21 of the Code of Civil Procedure almost intact.

The Eighth Law Commission in its Seventy-seventh Report, dealt with the problem of execution. Briefly it observed that "the courts do not devote as much attention to execution cases as they do to regular suits for the reason that the disposal of an execution case does not add to the unit of cases disposed of by the courts."2 Some other marginal amendments were suggested. While the disease is diagnosed, the remedies. Have proved to be ineffective. The problem is thus further accentuated. The Commission accordingly invited debate by proposing that the orders of the proposed new forum shall, wherever permissible, be executed forthwith on the spot.

As an illustration it was suggested that if the dispute was regard to a right of way or a water channel or disturbances to easement of air and light, the decision must be implemented by removing the obstacles and translate the benefit given by the decision into action. And on the spot disposal which the Commission proposed, is likely to have lasting effect than a protracted court proceedings.

1. LCI Fourteenth Report, Vol. I, Ch. XVIII, para. 8.

2. LCI Seventy-seventh Report, Ch. IX, para. 11.3.



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