Decree just a piece of paper if not executed, says Punjab and Haryana High Court

Saurabh Malik

Chandigarh, December 7

A decree is just a piece of paper if not executed, the Punjab and Haryana High Court has asserted. Making it clear that a litigant successful in a civil case would get relief only after the execution of the decree, the Bench added every effort was required to be made to dispense justice promptly and expeditiously.

Would result in anguish to litigant

If a wily litigant exploiting the technicalities and loopholes in the procedure is successful in prolonging the execution of the decree, that would rather result in failure of the justice causing anguish and frustration to a litigant, who pursues matter for years.

Justice Harminder Singh Madaan asserted a litigant had to wait for a long time to get his dispute adjudicated upon by the courts.

If the litigant was successful and a decree was passed in his favour, actual relief came his way only when it was executed.

Justice Madaan added: “If a wily litigant exploiting the technicalities and loopholes in the procedure is successful in prolonging the execution of the decree, that would rather result in failure of the justice causing anguish and frustration to a litigant, who pursues the matter for years.”

Justice Madaan said the designs of such people to stretch the proceedings could not be allowed. Rather, every effort was to be made to dispense justice to a litigant promptly and expeditiously.

The assertions came during the hearing of a land matter. Justice Madaan asserted the plaintiffs in the matter succeeded in the trial court, despite vehement contest by the defendants. The first appeal filed by the defendants against the judgment and decree passed by the trial court was, subsequently, dismissed by the Bench.

Justice Madaan added merely because the defendants preferred an appeal before the HC did not mean that the judgment and decree passed by the trial court was not to be executed and the proceedings were to come to a standstill.

Execution is considered to be the final or last stage of civil litigation, which begins with the institution of a suit, followed by its adjudication and its implementation.

Rather, the implementation of the order or decree in civil litigation is termed as execution. It has often been referred to as method by which a decree-holder forces his opponent judgement-debtor to implement the mandate of the decree.