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mohit   18 May 2021

Supreme Court judgment

Will all district court follow the execution guidance of Supreme Court which deliver in Rahul shah Vs Jitendra kumar?


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     08 June 2021

the extracts of 43rd paragraph of the judgment is given below:

We further direct all the High Courts to reconsider and update all the Rules relating to Execution of Decrees, made under exercise of its powers under Article 227 of the Constitution of India and Section 122 of CPC, within one year of the date of this Order. The High Courts must ensure that the Rules are in consonance with CPC and the above directions, with an endeavour to expedite the process of execution with the use of Information Technology tools. Until such time these Rules are brought into existence, the above directions shall remain enforceable.

The above clearly instructs the courts below to follow the orders passed by the apex court.

Vasundhara Singh (Student)     08 June 2021

Hello!  

Rahul shah Vs Jitendra Kumar is a property related suit in which the debtors tried to obstruct the enforcement of debt by filing objections, appeals, criminal proceedings, creating conflicting rights over the property etc. Various writ petitions were filed by third parties and the debtors which hampered the court decision.   

In its judgement, the Supreme Court noted the misuse of the Code of Civil Procedure, 1908 to delay or prevent enforcement and laid down directive guidelines for all the other courts that had to be followed in the enforcement proceedings. Since the Supreme Court is the apex court of the country, the judgments and guidelines given by it will be binding on all the inferior courts from High Court to the District Court of the country as a binding precedent.  

Best Regards,         

Vasundhara Singh  


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