Report No. 14
Execution of Decrees
103. What changes would you suggest in the existing procedure relating to the execution of different classes of decrees with a view-
(a) to avoid delays, and
(b) to simplify the procedure?
104. Are you in favour of investing the courts to which a decree is transferred for execution with additional powers such as-
(a) adding legal representatives of a deceased judgment-debtor under section 50(1),
(b) recognition of assignments of decrees under Order XXI, rule 16,
(c) transfer of the decree to some other court under section 39,
(d) the grant of leave under Order XXI, rule 50(2)?
Please suggest other powers which you may consider useful or necessary.
105. Would you favour an amendment of section 47 of the Code of Civil Procedure so that a purchaser in execution who is a stranger to the decree may be deemed to be a representative of the parties within the meaning of that section?
106. Do you think it necessary to have a rule analogous to Order XXI, rule 15, applicable to judgment-debtors?
107. Should not the principle of res-judicata apply in contested execution applications?
108. Do you not consider it advisable that the right of appeal against orders made under section 47 should be substantially restricted? Would you agree that orders passed under that section should be made non-appealable at any rate to the extent of the executing Court's small cause jurisdiction? Have you any suggestions to make for any specific restrictions? If so, please state them.
109. Would you be in favour of shortening the period prescribed by section 48 for the execution of decrees? If so, to what extent and in respect of what classes of decrees?
110. What are your views on the suggested omission of Articles 182 and 183 of Schedule I of the Indian Limitation Act leaving the decree holder to execute his decree at any time within the period prescribed by section 48 of the Code of Civil Procedure?
111. Is there considerable delay in your State in the execution of decrees which are transferred to the Collector for sale of properties under sections 68 to 70 of the Code of Civil Procedure? Would you recommend the total abolition of the Collector's jurisdiction in this matter? If not, what measures would you propose for obviating such delays?
112. Would you be in favour of an amendment of rules 1 and 2 of Order XXI so as to disallow pleas of payment and adjustment out of court unless evidenced by a writing?
113. Are execution proceedings in your State unduly delayed by stay orders granted by appellate courts? Are such orders granted as a matter of course? What measures would you suggest to prevent such a practice and the consequent delays?
114. Are you in favour of an amendment of Order XXI, rule 26 so as to provide that there shall be no interim stay of a money decree? If not, would you suggest the payment, of the decretal amount (or a substantial part thereof) or court being made a condition precedent to the grant of stay?
115. Would you empower the executing court to investigate into the existence of a debt due to a judgment-debtor, where such debt is denied by the garnishee in execution?
116. Is it your experience that a large number of applications made under Order XXI (rules 58 to 63 and 98 to 102) of the Code of Civil Procedure are frivolous and made with a view to causing delay? Have you any suggestions to make for an alteration of these provisions with a view to preventing such applications and consequent delays?
117. Are the provisions for suits in Order XXI, rules 63 and 103 frequently used for the purpose of instituting frivolous suits? If so, would you suggest any measures for remedying this evil? Would you consider it advisable to provide that claims or objections should be investigated in execution after full enquiry and that a suit after the decision in an execution proceeding should be barred? Would the raising of court fees for suits of this character be justified in principle and serve as a check against the institution of frivolous suits?
118. Are the provisions of Order XXI, rule 90 frequently availed of the make frivolous applications? Would you advise the deposit of the sale-warrant-amount or the amount realised at the court sale being made a condition precedent to the granting of an application under that rule?
119. Do you consider that the setting up of a single executing court for a particular local area would make For speedy and effective execution of decrees?