Certified Decree Not Required for Execution of Judgement

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The Supreme Court in case dealing with the appeal filed against the decision of The Delhi high court on 15.07.2019, Justice Abhay Manohar Sapre & Justice Dinesh Maheshwari ruled that there is no need to file the Certified Copy of Decree for the Execution of the judgement unless the court specifically asks for the same in the case titled “Sir Sobha Singh & Sons Pvt. Ltd. vs. Shashi Mohan Kapur”

The Brief facts of the case, Where the respondent is tenant in appellant house from 1959. The appellant served notices to the Respondent to vacate the house on 16.01.2009, since the Respondent failed to vacate, appellant filed the suit before the Court of ADJ for the eviction and mesne profits. The respondent without contesting in the court agreed to vacate by 31.05.2016 and to pay 5000/- till handing over house. The trail court recorded the statements and passed consent order of compromise between the parties. On 27.05.2016 the respondent filed application u/sec148 R.w 151 of CPC asked for Extension of time to vacate the suit house, the court granted for extension till 15.07.2016. without complying with orders of the court the respondent again filed an application for extension on Medical Grounds.

The TC dismissed application, the respondents were in a legal obligation to vacate house. The respondents did not comply with orders of trail court, continued to stay in the house, then the appellant filed execution petition in the Executing Court against the respondent for obtaining the orders for vacating from suit house. The Court passed order issued warrant against the judgement debtor, then the respondent legal representative filed four applications in the court regarding consent order which is obtained by the decree holder is by fraud. The court rejected the application and passed a compensation of 5,00,000/- on part of respondents in which 50% amount to be paid to Delhi Legal Services Authority. Aggrieved by the decision of court, the respondents firstly appealed to the Delhi high court in which court ruled that “Since the trail court did not draw up formal decree after passing the final decree the Execution petition filed by appellant is not maintainable”and further it also granted liberty for getting the formal decree on basis of Section 152 of CPC. Aggrieved by the decision of Delhi High Court moved for appeal to the Supreme Court.

The SC on the appeal contended that it is not necessary to file a copy of decree along with Execution application, Order 21 Rule 11(3) which states “The court may require the Decree holder to produce a Certified copy of decree along with the execution application unless the court directs the decree holder to file a certified copy of decree” from the word may in the provision it may inferred that if the court specifically asks for that then Certified copy should be filed in case not, there is no need to file the same. Where Order 20 Rule 6A of CPC states that, appeal can be made to the court without filing a copy of the decree.

The SC in this regard provided that the decree holder required to ensure compliance of three things –

  • Written application under Order 21 Rule 10 and 11(2) of Code signed and verified by applicant,
  • Application must contain details (a) to (J) of Rule 11(2) of the Code with date & time
  • Certified Copy of the decree ( If Court Requires).

The SC also Ruled that the High Court gave liberty under Section 152 of CPC for appellant to apply to Court for drawing a decree is wrong as it deals with clerical or arithmetical mistakes in the judgements. In such a situation decree holder should draw a decree on basis of Section 151 R.w Order 20 Rule 6A Of CPC. The SC upheld the decision of Executing Court but the amount of compensation, 5,00,000 imposed is excessive in nature and fixed to  50,000/- on basis of Section 35A of CPC.

Concluding, the Procedural aspects involved in the Civil law tend to delay the case more which is one of the reason where the amount of disposal of cases is less and there is chance of misusing the provisions in law.

Submitted By-

S.V Ruthvik

Student Reporter, INBA