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since 1985 practicing as advocate in both civil & criminal laws

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Wednesday, July 17, 2019

what is the effect of not filing the copy of the decree along with the execution application filed by the appellant.

what is the effect of not filing the copy of
the decree along with the execution application filed
by the appellant.    
In our view, even though  the
appellant did not file the certified copy of the decree
along with the execution application for the reason
that the same was not passed by the Court, yet the
execution application filed by the appellant, in our
view,   was   maintainable.     Indeed,   so   long   as   the
formal   decree   was   not   passed,   the   order   dated
01.06.2012 was to be treated as a decree during the
interregnum period by virtue of Order 20 Rule 6A (2)
of the Code. In other words, notwithstanding the
fact that the decree had not been passed, yet by
virtue of principle underlined in Order 20 Rule 6A(2)
of the Code, the order dated 01.06.2012 had the
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effect of a decree till the date of actual passing of
the   decree   by   the   Court   for   the   purposes   of
execution or for any other purpose. This empowered
the   Executing   Court   to   entertain   the   execution
application and decide the objections raised by the
respondent on merits. 

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL  APPEAL No.5534  OF 2019
(Arising out of S.L.P.(C) No.3053 of 2019)
Sir Sobha Singh And Sons Pvt. Ltd. ….Appellant(s)
VERSUS
Shashi Mohan Kapur(Deceased)

Thr. L.R.               ….Respondent(s)