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PRANAY VERMA
RAJESH VERMA – Appellant
Versus
LATE SHOBHNA TRIVEDI thr. AAM MUKHTIYAAR DHARMENDRA – Respondent
ORDER :
(Pranay Verma, J.) :
With the consent of the learned counsel for the parties, the matter is finally heard.
2. This petition under Article 227 of the Constitution of India has been preferred by the petitioner/judgment debtor against the order dated 24-3-2023 passed by the Executing Court whereby his objection to the maintainability of the execution proceedings under Order 21, Rule 10 and Order 21, Rule 22 of the CPC has been rejected.
3. The proceedings have been instituted for execution of the decree dated 7-12-2015 passed in Civil Suit No. 237-A/2011 by the trial Court whereby, the original decree holder has been held entitled for recovery of a sum of Rs.1,20,000/- and arrears of Rs. 96,000/-. The execution proceedings have been filed by Dharmendra S/o Rameshchandra Verma as power of attorney holder of son of the deceased decree holder.
4. Objection was raised by the judgment debtor that the original decree holder Shobhna Trivedi has expired in June, 2020. Her only son Rajdeep Trivedi is residing abroad for quite sometime and was not present in the town on 21-2-2022 when the execution proceedings were filed. No power of attorney has been produced. No particulars have been menti
Execution applications can be validly filed by power of attorney holders if they are acquainted with the case facts, regardless of minor procedural issues.
A second execution petition filed after the limitation period is barred, and withdrawal of an earlier execution does not extend the limitation period.
One joint decree-holder may apply for execution for the benefit of all unless expressly stated otherwise; courts can assess intent beyond strict decree wording.
The court affirmed that a decree holder's rights must be enforced despite repeated technical objections from judgment debtors, underscoring the importance of expeditious justice in civil matters.
Objection to execution of decree – Even if Executing Court cannot go behind decree, it does not mean that it has no duty to find out true effect of that decree.
Procedural rules under the CPC specify that execution proceedings are not abated by the death of a judgment-debtor, allowing legal representatives to enforce decrees.
Legal heirs of a deceased decree holder can be impleaded in execution proceedings at any time; execution petitions do not abate upon the death of the decree holder.
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