Research › Browse › Judgment

Rajasthan High Court · body

1997 DIGILAW 499 (RAJ)

Parvati v. Mohan Lal

1997-04-10

V.S.KOKJE

body1997
Honble KOKJE, J. – Heard on admission. (2) In the nature of the case a final order will have to be passed and, therefore, this can be taken to be a final hearing also. (3). The petitioner is a landlord who has obtained a decree which he has put under execution. His complaint is that the executing court has directed a notice to be issued whereas under the rules it is not necessary to do so. According to the learned counsel under Order 21 Rule 17 Sub Rule 4 when an execution application is admitted and found to be proper in all respects the court has to enter it into proper register and has to issue process for execution and order execution of the decree immediately. According to the leanred counsel, the only exception to this rule is carved out in Rule 22 of Order 21 CPC which requires a notice to the judgment deb- tor to be given in case where the decree is put in execution after two years from the date of the decree or it is sought to be executed against the legal representative of the parties to the decree or when it is against the assignee or a receiver in case of insolvency. According to the learned counsel in this case a decreets for ejectment has been passed after a long period and the executing court has without appli- cation of mind mechanically ordered issue of notice which would cause serious prejudice to the petitioner. (4). Having heard the learned counsel and seen the cryptic order passed on execution I am satisfied that this revision petition should be allowed. The exeucting court has clearly committed a material irregularity in directing issue of a notice with- out stating any reasons for taking that course in a case clearly covered by Order 21 Rule 17(4) CPC. This revision petition is, therefore, allowed. The order of executing court for issue of notice is set aside. The executing court is directed to proceed under Order 21 Rule 17(4) CPC to execute the decree. If according to the executing court the case falls under any exception to the aforesaid provision a speaking order shall be passed by the Court putting on record the circumstances in which notice is thought to be necessary.