Case Title: Rahul S Shah v. Jinendra Kumar Gandhi
Within one year, the Supreme Court directed the High Courts to reconsider and revise all Rules relating to the Execution of Decrees passed under its powers conferred upon it by Article 227 of the Constitution of India and Section 122 of the Code of Civil Procedure.
The bench, which included former CJI SA Bobde, Justices L. Nageswara Rao and S. Ravindra Bhat, made this observation while giving directives to eliminate delays in execution processes, which will be enforced till High Courts update the Rules. The court stated that it must be guaranteed that the Rules are as per the CPC and the directions (given presently), with an effort to speed up the implementation process through the use of information technology tools.
The court stated that directives are made in the more significant public interest to serve the process of justice to end the unnecessary ordeal of litigation endured by parties awaiting the benefits of the decree and, in the long run, to damage the litigants' faith in the legal system.
The court was hearing an appeal stemming from an execution proceeding that had been pending for almost 14 years. While dismissing the appeals, the bench noted that these appeals depict the decree holder's difficulties in enjoying the fruits of litigation due to unreasonable delay caused throughout decree execution. The court stated that there is a steady increase of processes resembling a re-trial at the time of execution, resulting in the inability to realise the fruits of the decree and relief sought by the party from the courts despite the existence of a decree in their favour. The bench added,
"We further direct all the High Courts to reconsider and update all the Rules relating to Execution of Decrees, made under the exercise of its powers under Article 227 of the Constitution of India and Section 122 of CPC, within one year of the date of this Order. The High Courts must ensure that the Rules align with CPC and the above directions, with an endeavour to expedite the process of execution with the use of Information Technology tools. Until such time these Rules are brought into existence, the above directions shall remain enforceable".