Process for Execution (Rule 24 – 25)

Rule 24: Process for execution—

(1) When the preliminary measures (if any) required by the foregoing rules have been taken, the Court shall, unless it sees cause to the contrary, issue its process for the execution of the decree.

(2) Every such process shall bear date the day on which it is issued, and shall be signed by the Judge or such officer as the Court may appoint in this behalf, and shall be sealed with the seal of the Court and delivered to the proper officer to be executed.

(3) In every such process, a day shall be specified on or before which it shall be executed and a day shall also be specified on or before which it shall be returned to the Court, but no process shall be deemed to be void if no day for its return is specified therein.

Rule 25: Endorsement on process—

(1) The officer entrusted with the execution of the process shall endorse thereon the day on, and the manner in, which it was executed, and, if the latest day specified in the process for the return thereof has been exceeded, the reason of the delay, or, if it was not executed, the reason why it was not executed, and shall return the process with such endorsement to the Court.

(2) Where the endorsement is to the effect that such officer is unable to execute the process, the Court shall examine him touching his alleged inability, and may, if it thinks fit, summon and examine witnesses as to such inability, and shall record the result.

IMPORTANT CASE LAWS

1. Delay in execution of decree

Neelu Dhandhia v. Dr. Abdul Sami, 2015 SCC OnLine Raj 5153 : “…..it needs to be emphasized that executing court should not delay the execution of the decree only because the respondent has preferred appeal against its judgement and decree unless and until the appellate court passes restrain order on execution of the decree. It is therefore impressed upon the executing court to expedite the execution of the decree at the earliest without granting any unnecessary adjournment except for specified reasons……”

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