Decree just a piece of paper if not executed: P&H High Court

Decree just a piece of paper if not executed: P&H High Court

Punjab and Haryana High Court held that "A decree is just a piece of paper if not executed". Justice Harminder Singh Madaan asserted that a litigant would get relief only after the execution of decree and every effort was required to be made to dispense justice promptly and expeditiously. 

Justice Madaan held that "It the litigant t was successful and a decree was passed in his favour, actual relief came his way only when it was executed."

Justice Madaan added: “If a wily litigant exploiting the technicalities and loopholes in the procedure is successful in prolonging the execution of the decree, that would rather result in failure of the justice causing anguish and frustration to a litigant, who pursues the matter for years.”

Justice Madaan said that the designs of such people to stretch the proceedings could not be allowed. Rather, every effort was to be made to dispense justice to a litigant promptly and expeditiously.

This assertion came during the hearing of a land matter wherein Justice Madaan asserted that the plaintiffs in the matter succeeded in the trial court, despite vehement contest by the defendants. The first appeal filed by the defendants against the judgment and decree passed by the trial court was later dismissed by the Court.

Justice Madaan further said that merely because the defendants preferred an appeal before the HC does not mean that the judgment and decree passed by the trial court was not to be executed and the proceedings were to come to a standstill.

Justice Madaan further held that execution is considered to be the final or last stage of civil litigation, which begins with the institution of a suit, followed by its adjudication and its implementation.

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