The central legal point established is the need for remedial measures instead of hyper technical interpretation of procedural irregularities in executing a decree.

1. Inveighing the order dated 8. 2009 passed in REP No.56 of 2008 in O.S.N.17 of 2005 by the Subordinate Court, Tiruchengode. (R.E.P.No.23 of 2007 in O.S.No.17 of 2005-Sub-Court, Namakkal)., this civil revision petition is focused.

2. Heard the learned counsel for the petitioner.

3. A summation and summarisation of the relevant facts absolutely necessary and germane for the disposal of this revision petition would run thus:

The revision petitioner herein by way of executing the decree in O.S.No.17 of 2005 filed the REP.No.56 of 2008 with the following prayer:

"to execute a sale deed in favour of the petitioner under Order XXI Rule 34 of C.P.C.on behalf of the respondent/J.Ds.register the same and thereby order to deliver the possession of the properties detailed in the schedule hereunder or alternatively to direct the respondent/J.D.to pay the advance amount Rs.2,00,000/- and damages of Rs.40,000/- with interest at the rate 9% for p.a.from the date of suit and realisation."

Whereupon the Court ordered notice and it was sent to the respondent. The respondent, after entering appearance filed the counter contending that along with the notice the draft sale deed was not served on him. Whereupon the Court, after hearing both sides simply dismissed the E.P.itself.

4. Being aggrieved by and dissatisfied with the order of the lower Court this revision has been filed on the main ground that the lower Court should not have interpreted the Civil Rules of Practice in such hyper technical manner and dismissed the E.P. itself.

5. Thelearned counsel for the petitioner placed reliance on the following judgements:

(i) 2005(1) ALT 457 – S.HASSAN AND ANOTHER VS. SHA PEERCHAND, PAWN BROKER AND MONEY LENDER, an excerpt from it would run thus:

"16. By the time the matter was remanded at the instance of the appellants, there was not only a draft sale deed, but in fact, it stood executed and registered. Though several objections were raised in the execution, they did not point out any objections to the draft sale deed. The only objection raised in the additional counter affidavit touching on this aspect is that the respondent did not serve the draft of sale deed upon them. Rule 34 does not require the decree holder to serve the draft of the sale deed on the judgmenty debtor. The rule requires the Court to do that. The object underlying the same is to put the judgement debtors on notice and to enable them to raise any objections. The purport of such objections is to ensure that the document that may be executed, accords with the decree and does not exceed the same. It is impermissible to raise the objections on the aspects, which already stood adjudicated in the suit.

.(ii) (2003)2 SUPREME COURT CASES 330 – PRATIBHA SINGH AND ANOTHER VS. SHANTI DEVI PRASAD AND ANOTHER, an excerpt from it would run thus:

"16. The second error was committed during the execution proceedings. Under Order 21 Rule 32 CPC a decree for specific performance of a contract, on failure to obey, may be enforced by the judgment-debtor being detained in civil prison. Order 21 Rule 34 provides the procedure for execution of documents pursuant to a decree. Where a decree is for the execution of a document the decree-holder may prepare a draft of the document in accordance with the terms of the decree and deliver the same to the court. Thereupon the court shall cause the draft to be served on the judgment-debtor together with a notice requiring his objections, if any, to be made out within time as the court fixes in this behalf. Where the judgment-debtor objects to the draft, his objections shall be stated in writing and then determined. The draft shall be approved or altered consistently with the finding arrived at by the court. In the present case the plaintiff decree-holders pointed out that the defendant judgment-debtors were aware of the contents of the draft sale deed. The fact remains that the draft sale deed accompanied by a notice requiring objections to be ma