Clerk's office not preparing process in time

Env Coord (Querist) 04 December 2021 This query is : Resolved
Hello Legal Experts,

I am prosecuting a civil execution case as Decree Holder (Party-in-person). I had filed two applications before Hon'ble Executing Court for issuance of precept (u/s 46 of CPC) and issuance of show-cause notice (u/O 21 R 37 CPC). Judge allowed both the applications (order on exhibit allowed by Judge) but the department within the Court responsible for preparing show-cause notice and precept is not doing the work and whenever date comes, the file is sent back to Court without doing the work on exhibits as ordered by the Court. In this regard how should one expedite the matter as these orders were passed around 2 months ago, but no progress in the matter.

1. Can decree-holder make complain to the Judge regarding the same ?
2. Who is the right person or proper authority to look into this matter ?
3. What procedure is to be followed for lodging complaint or grievance in this regard ?
4. Does Decree Holder need to pay costs for lodging complaint or grievance in such matter ? If yes, then how much ?

Awaiting your advices.

Thanks & Regards,
VISHAL SAHA
Navi Mumbai.

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Quick Summary

A decree holder is facing significant delays in their civil execution case, with the court's clerical department failing to prepare necessary documents like show-cause notices and precepts. Despite court orders being passed two months ago, the file is repeatedly returned without action. The decree holder is seeking advice on how to expedite the matter, including whether they can complain to the judge, who to contact, the procedure for lodging a grievance, and any associated costs.

Env Coord (Querist) 06 December 2021
Practising Lawyers and advocate kindly advice.

Dr J C Vashista (Expert) 07 December 2021
Answer to Q 1 is affirmative whereas others is negative.

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