Draft sale deed was not served on judgement debtor - without complying rule 34 (2) and (3) of order 21 learned judge erroneously executed the sale deed in favour of the degree holder - order set aside.

Citation 

(2022) 3 MLJ 351 (SC))

LNIND 2022 SC 169

IN THE SUPREME COURT OF INDIA

Present:

Hon ble Mr. Justice K.M. Joseph and Hon'ble Mr. Justice Hrishikesh Roy

C.A. No. 1700 of 2022)

28th February 2022

Rajbir

Versus

Suraj Bhan and Another

Civil Procedure - Execution petition - Draft sale deed - Code of Civil Procedure, 1908, Order 21 Rule 34 Respondents applied for execution of decree for specific performance- Objections filed by Appellant rejected - On same day, proposed sale deed filed by Respondents was taken on file and Civil Nazar of Court appointed as local commissioner who was directed to carry out formalities for execution of sale deed in accordance with terms and conditions of agreement after getting approved draft sale deed from Court - Revision filed by Appellant challenging said order dismissed by High Court, hence this appeal Whether salutary provisions of Order 21 Rule 34 followed by executing Court- Held, Court did not invite objections of Appellant to draft sale deed but application of Respondents for appointment of Commissioner to execute sale deed was allowed, taking note of order of same date, rejecting objections of Appellant to execution of decree - Appellant might have raised contentions to effect that decree itself was inexecutable and it was found meritless, would not absolve Court of its duty to proceed with matter of considering draft sale deed and objections thereto under provisions of Order 21 Rule 34 Subsequent to impugned order, without objections being invited and considered, sale deed came to be executed which was registered - Approach of court in matter of executing decree in question contravenes Order 21 Rule 34 Impugned order set aside Directions issued Appeal allowed.