Report No. 114
6.19. Execution of the orders of Gram Nyayalaya.-
It has been repeatedly observed that by Superior Courts and critics of the court system that Order 21 (Execution of Decrees) of the Code of Civil Procedure 1908; is a heaven for lawyers. It is a trite saying that the trouble of the decree-holder starts after he obtains a decree. Execution proceedings last over decades. In certain types of suits, a preliminary decree has to be passed: to wit in a suit for dissolution of partnership and accounts (Order XX, rule 15), in a suit for redemption of mortgage (Order VOUV, rule 7) and similar other cases. A preliminary decree is appealable. Therefore, till the highest court confirms the preliminary decree, further proceedings are virtually frozen. Then a final decree is made and the gamut starts all over again. If the final decree provides for portion of revenue paying estate, the decree has to be sent to the revenue authorities for effecting partition.
It has become a cruel joke that in a contested suit, the fruits of the decree are not available in the lifetime of the litigant. To avoid such a calamity befalling the Gram Nyayalaya and in tune with the spirit of its functioning, a simple method for execution of its order must be provided for. The nature of the execution would depend upon the relief granted by the decision of the Gram Nyayalaya. If the relief granted is carving out a passage either to the field or to the courtyard for men, cart or cattle, while rendering the decision, the Gram Nyayalaya must take effective steps with the assistance of the revenue authorities to demarcate and carve out the passage and injunct any one from interfering with the same. Similar procedure can be followed for providing water channels, use of common pastures, partition and division of ancestral property. In other words, depending upon the relief granted, the fruits must be made available forthwith in or soon thereafter.
What is to be borne in mind is not that a dispute has been adjudicated-upon by the Gram Nyayalaya but the wrong-doer has been made to part with his wrongful gain. No prayer for granting interim stay till the party aggrieved by the decision prefers a revision petition should be entertained. Undoubtedly, there will be some decisions of Gram Nyayalaya the execution of which may entail some delay. In the case of a money decree, it would be open to the Gram Nyayalaya to grant payment by instalment. If it becomes necessary to attach and sell property for recovering the dues payable under the decree, the Gram Nyayalaya shall proceed expeditiously. The sale has only to be advertised in the Tehsil and no elaborate proclamation of sale need be drawn-up. The effort must be to finally dispose of the dispute by granting the benefit provided for in the decision.
All authorities of the revenue department operating at village and Tehsil level, all police authorities at both the levels, forest authorities operating at both the levels should be put under obligation to assist the Gram Nyayalaya in discharging its functions and performing its duties. Failure on the part of any such authorities shall be treated as misconduct and a Gram Nyayalaya should be empowered to take effective action against such defaulting authority. A simple code providing for various matters in connection with the functioning of the Gram Nyayalaya may have to be drawn-up. The State Government in consultation with the High Court may enact simple rules in this behalf so that a uniform pattern of functioning of all Gram Nyayalayas can be achieved.