- The Hon’ble SC, in Rajbir vs. Suraj Bhan has observed that the Court, under Order 21 Rule 34 is duty-bound to invite objections from the judgement-debtor to the draft deed which has been submitted by the decree holder.
- It is pertinent to note here that Order 21 Rule 34 of CPC provides that where the decree is for the execution of a document and the judgement debtor refuses to obey the decree, then the decree holder will prepare a draft of the document and will deliver it to the Court. The Court will then cause the draft to be served upon the judgement debtor and will also serve upon him a notice, requiring him to submit his objections to be made within the time fixed by the Court.
- In the instant case, the decree holder, in whose favour a decree of specific performance had been passed, filed an execution petition. The Trial Court had rejected the objections of the judgement debtor and had directed the execution of the sale deed after approving the draft sale deed. The sale deed was thus executed.
- The appellant/judgement debtor contended before the Apex Court that the executing Court did not call for his objections to the draft sale deed and thus violated the provisions of Order 21 Rule 34 of CPC.
- The Hon’ble SC observed that the contention raised by the appellant that the decree itself is inexecutable would not excuse the Court from proceeding with the matter of considering the draft sale deed and the objections raised against it.
- The Court also observed that once an objection is raised that the draft sale deed is not in conformity with the decree, it becomes the duty of the executing Court to apply its mind and make alterations in the draft.
- It was also observed that departure from the provisions of Order 21 Rule 34 of CPC would cause serious prejudice not only to the interests of the parties, but also those people who would deal with the parties in the future and can lead to multiplicity of litigation as well.
- Thus, the appeal was allowed and the Executing Court was ordered to comply with the provisions of Order 21 Rule 34 CPC.
"Loved reading this piece by Shweta?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
