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SASHIKANTA MISHRA
Kalyani Swain – Appellant
Versus
Bijay Kumar Swain – Respondent
JUDGMENT
Sashikanta Mishra, J.—Long before, in the case of General Manager of the Raj Durbhunga v. Maharajah Coomar Ramaput Sing, 1872 SCC OnLine PC 16 it was said by the Privy Council that the problems of a decree holder begin after passing of the decree in his favour. Fighting a litigation and obtaining a favourable decree is one thing but getting it enforced is quite another. The present case is an illustration of the above truism which often plagues the civil justice system of our country.
2. The petitioners are the judgment debtors in Execution Case No. 13 of 2012 of the Court learned First Addl. Senior Civil Judge, Cuttack. In the present application under Article 227 of the Constitution of India, they assail the order dated 29.01.2023 passed by the 1st Addl. District Judge, Cuttack in Civil Revision Case No. 6 of 2021 confirming thereby the order dated 25.10.2021 passed by the aforementioned executing Court in CMA No. 152 of 2021.
3. The facts of the case, relevant only to decide the present application, are that one Krushna Swain, father of the opposite parties (decree holder) had filed T.S. No. 148 of 1981 against father of the petitioners (judgment debtor) for declaration
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.
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.
Execution of decree – Execution can proceed even if formal decree is not drawn – Quoting a wrong statutory provisions does not create a bar and stand in way of considering application.
Point of law: If once we accept the legal position that neither a contract for sale nor a decree passed on that basis for specific performance of the contract gives any right or title to the decree-h....
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.
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