Document Fragment View

Matching Fragments

18.1. Order 21 Rule 34 reads as under:

Decree for execution of document, or endorsement of negotiable instrument.--
- 18 -
WP No. 102158 of 2021
(1) Where a decree is for the execution of a document or for the endorsement of a negotiable instrument and the judgment-debtor neglects or refuses to obey the decree, the decree-holder may prepare a draft of the document or endorsement in accordance with the terms of the decree and deliver the same to the Court.
11. The present is indeed a case where the decree in question provides for the execution of the document. The document is the document of sale as contemplated under the decree. Therefore, Order XXI Rule 34 is clearly attracted. It contemplates that if the judgment debtor neglects or refuses to obey the decree, the decree-holder is to prepare a draft of the document. In this case, the draft of the document is the draft sale deed. The

- 24 -

object to the execution of the document furnished by Decree Holder and/or delay the proceedings.

18.8. It is for this reason that an opportunity is required to be given to the Judgment Debtor to execute the document upon mutual consent between the decree-holder and Judgment debtor. If the same is not possible, then the executing court shall direct the decree-holder to furnish a draft of the document which in turn has to be provided to the Judgment debtor to file objections in a time-bound manner and the said objections are required to be considered by the executing court and depending on the nature of objections and sustainability or otherwise of the objections either accept the same or reject the same.

18.11.I answer Point No.1 by holding that the provisions of Order 21 Rule 34 are mandatory. The Execution Court is required

- 26 -

to get served a copy of the property document to be executed xxx by the Judgment debtor, provide an opportunity to the Judgment debtor to file objections to the draft document, thereafter consider the objections, make such alterations as may be required in the document and then if the document is required to be registered, get the same registered.