Code of Civil Procedure, 1908–Order 21 & Sec. 47–Execution proceedings–Legal aspects for dealing-
(1) The execution Court must not issue notice to an application of third party claiming rights in mechanical manner–Further, the Court should refrain from entertaining any such application(s) that has already been considered by the Court while adjudicating the suit or which raises any issue which otherwise could have been raised and determined during the adjudication of the suit if due diligence was exercised by the appellant.
(2) The Court should allow the taking of evidence during the execution proceedings only in exceptional and rare cases where the question of fact could not be decided by resorting to any other expeditious method like the appointment of Commissioner or calling for electronic material including photographs or video with affidavits.
(3) The Court must in appropriate cases where it finds the objection or resistance or claim to be frivolous or mala fide, resort to sub-rule (2) of Rule 98 of Order 21 as well as grant compensatory costs in accordance with Sec. 35A.
(4) Under Section 60 of CPC the term “in name of the judgment debtor or by another person in trust for him or on his behalf” should be read liberally to incorporate any other person to whom he may have the ability to derive share, profit or property.
(5) The executing Court must dispose of the execution proceedings within six months from the date of filing, which may be extended only by recording reasons in writing for such delay,
(6) The executing Court on the satisfaction of the fact that it is not possible to execute the decree without police assistance direct the concerned police station to provide police assistance of such officials who are working towards execution of decree.
