Duty of Executing Court

Executing court cannot go beyond the decree and must execute it in its letter and spirit.

Executing court cannot go beyond the decree and must execute it in its letter and spirit.

Executing court has to execute the decree as it is and cannot go beyond it.

Petitioner assailed order passed by executing court whereby he was ordered to pay, besides the decretal amount, an amount of Rs.5,00,000/- in light of an agreement between the parties

Contention of respondent was that the decree was passed on the basis of compromise between the parties and in the light of said agreement, it was agreed that if the petitioner, without any reason, would divorce the respondent, he would be bound to pay the said amount

Validity

Record revealed that the respondent was declared entitled to dower of Rs. 44,445/

Trial court had not declared that if the petitioner would divorce the respondent without any reason, she would be entitled to Rs.5,00,000/- in the light of said agreement

Executing Court had to execute the decree as it was and could not go beyond it

Executing court had travelled beyond the scope of the decree

Petition was accepted and the impugned order was set aside, in circumstances.

Wisdom behind enacting O.XXI, R.66, C.P.C. is that parties in execution proceedings should be treated alike and rights of decree-holder should not be preferred over the interest of judgment-debtor

Function of Executing Court is to execute decree but at the same time it is also duty of Executing Court to protect rights of judgment-debtor, which should not be jeopardized and scarified at the altar of execution of decree

Duty is caste upon Executing Court to determine reserve sale price of property as Executing Court is to safeguard interests and rights of judgment-debtor and ensure that properties are not sold at throw-away prices

"Reserve sale price" means market price of property.

Pleas raised in objection petition could be decided only after framing of issues and recording of evidence.