2025 Supreme(Raj) 2349
HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
ASHUTOSH KUMAR, J.
Prakash Chand, S/o. Shri Mala Ram Gurjar – Appellant
Versus
Moolchand, S/o. Shri Chanda Ram – Respondent
S.B. Civil Miscellaneous Appeal No. 1687 of 2015 Connected With S.B. Civil Miscellaneous Appeal No. 2304 of 2015
Decided On : 06-12-2025
Advocates Appeared:
For the Appellant : Mr. Virendra Agrawal, Adv. with Ms. Anjali Assat, Adv.
For the Respondent: Ms. Sweety Mishra, Adv.
The execution of decrees must comply with the law and respect the parties' rights, ensuring a fair hearing is granted to all involved.
Headnote:(A) Civil Procedure Code, 1908 - Order XXI Rule 11 - Execution of decree - The court affirmed the procedure for executing a decree, emphasizing that the decree must be executed in accordance with the law and the rights of the parties must be respected. (Paras 3-5)
(B) Right to Fair Hearing - The court asserted that every party in litigation has the right to be heard, and any actions taken without allowing the opportunity for a fair hearing amount to a violation of principles of natural justice. (Paras 6-7)
Facts of the case:
The case involved the execution of a decree where the appellant contested the manner in which the decree was being executed against him, claiming that his rights were being infringed upon without due process.
Findings of Court:
The court held that the executing court must ensure that the execution of the decree is conducted in a manner that complies with the legal provisions and that parties involved have been given a fair opportunity to present their case.
Issues: The primary issues included the legality of the execution procedure adopted and whether the appellant was afforded a fair hearing in the proceedings.
Ratio Decidendi: The court highlighted that any decree must be executed in adherence to due process and fairness, maintaining that the right to be heard is integral to judicial proceedings.
Result: Appeal allowed.
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