Noting persistent delays in execution proceedings, the Hon’ble Supreme Court in Periyammal (Dead) Though LRs & Ors. v. V. Rajamani & Anr. Etc1. reaffirmed mandatory guidelines established in Rahul S. Shah v. Jinendra Kumar Gandhi2 for conducting executing proceedings. Citing Bhoj Raj Garg v. Goyal Education and Welfare Society & Ors.3 the Court emphasized the need for reinforcing the six-month execution mandate and directed all courts to strictly follow the following measures to prevent unnecessary delays and ensure efficiency –
i. Examination of Parties4: Courts must examine parties under Order 10 of the Civil Procedure Code (hereinafter ‘CPC’) to determine third-party interests and require them to disclose all relevant documents and third-party claims under oath.
ii. Appointment of Commissioner5: In cases where possession is undisputed, a commissioner may be appointed to assess and document property details.
iii. Addition of Necessary Parties6: After examining parties, all necessary or proper parties must be added to avoid multiple litigations, and ensure all claims are addresses in a single proceeding.
iv. Appointment of Court Receiver: Courts may appoint a receiver under order 40 Rule 1 CPC to monitor the status of the disputed property.
v. Clarity in Decrees: Decrees involving possession must be clear and specific.
vi. Immediate Execution of Money Decrees7: In money suits, courts must ensure immediate execution of decree for payment of money on oral application.
vii. Asset Disclosure by Defendant: Defendants may be required to disclose their assets under oath. Courts may also demand security under Section 151 CPC to ensure compliance.
viii. Restriction on Third-Party Claims: Third-party claims should not be entertained mechanically, during execution and notices issued, in addition to any claims previously adjudicated or one’s that could’ve been raised during the trial.
ix. Evidence in Execution Proceedings: Courts should refute evidence in execution proceedings unless absolutely necessary; in rare cases where material facts cannot be established through methods such as appointing a commissioner or obtaining photo or video graphic evidence.
x. Frivolous or Malafide Claims: Frivolous or malafide objections must be dealt with strictly, including imposing costs under Order 21 Rule 98(2) and Section 35-A CPC.
xi. Liberal Interpretation of Section 60 CPC: Section 608 CPC should be interpreted broadly to include any person from whom the judgment-debtor may derive a share, profit, or property.
xii. Timeframe for Execution Proceedings: Execution proceedings must be disposed within six months, unless extended by recording reasons in writing.
xiii. Police Assistance for Execution: If execution cannot proceed without police assistance, courts must direct the police to assist officials. Any offenses against public servants executing decrees must be dealt with strictly under the law.
xiv. Judicial Academy Training: Judicial Academies must prepare manuals and provide continuous training to court staff responsible for execution duties, ensuring proper attachment, sale, and enforcement procedures.
