Circa 1872, the Privy Council in ‘General Manager of the Raja Durbhunga’ observes that the tribulations of a litigant in India began once the decree was secured. Even in the present day India, the plight of litigants continues as over time the state of enforcement proceedings in India has remained static, the graph of pending execution petitions is only on an upward trajectory, particularly in view of the backlog since the start of the pandemic. Due to the shortfall in administration, streamlining practice and procedures, litigants often find themselves stuck with a paper decree in hand that has failed to yield tangible results.
Naresh Thacker, Partner and Ria Dalwani, Senior Associate in their article with Economic Times Insights shed light on the recent decision of the Supreme Court in ‘Rahul S Shah v. Jinendra Kumar Gandhi & Ors’ addressing the grievances of litigants troubled by the complexities of executing a decree in Indian courts, inordinate delays, and frivolous applications. In exercise of its jurisdiction under Article 142 read with Articles 141 and 144 of the Constitution of India, the Supreme Court has issued mandatory directions to all courts dealing with suits and execution of decrees. The High Courts have also been directed to update their rules on Execution of Decrees within one year and these directions passed shall remain enforceable until the amended rules come into effect.
Read the detailed article here: https://bit.ly/3hGP8q6