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MANOJ MISRA
Gopal – Appellant
Versus
Amar Jeet Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellants : A.N. Bhargava, Anand Kumar Tiwari, Rama Kant Tiwari.

Judgement Key Points

Key Points: - (!) - (!) - (!)

What is the legal position on requiring a decree holder to deposit police help expenses for enforcement of a decree?

What is the court’s conclusion regarding the applicability of Sections 13-15 of the Police Act, 1861 and Regulation 198 of the U.P. Police Regulations to police help for executing a decree?

What does the judgment say about the relevance and role of Paragraph 534 of Chapter XXI of General Rules (Civil) in such police assistance for enforcement?


ORDER :

1. Heard Sri Rama Kant Tiwari for the petitioners and the learned Standing Counsel for respondents 8, 9 and 10.

2. The petitioners are aggrieved by an order dated 7th September, 2013 passed by Additional Civil Judge (Senior Division), Court No. 2, Varanasi by which the petitioners, who are decree holder, have been required to deposit an amount of Rs. 85,307/- towards expenses for getting police help to enable execution of a decree obtained by the petitioners.

3. The petitioners had obtained a decree against the private respondents in Original Suit No. 1192 of 1995. The said decree was put to execution by filing Execution Case No. 5 of 2011. In the execution proceeding the court appointed Amin submitted a report that for execution of the decree assistance of police force would be required as the judgment debtors were offering resistance. On the report of the Amin, the court requested district administration to provide police help in response to which the Senior Superintendent of Police, Varanasi raised a demand of Rs. 85,307/-. By the order impugned, the execution court directed the decree holder (the petitioners herein) to deposit the demanded amount within fifteen days.

4. The























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