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Supreme Court: Judgment debtor cannot raise objections to executions in Installments

2 min read

Alka Verma-

Published On: October 13, 2021 at 12:49 IST

The Supreme Court of India recently observed that a Judgment debtor cannot raise questions or objections to executions in installments.

Adding to it, the Court also observed that from now onwards the Principles of Res Judicata will also be apply to execution proceedings.

A Bench comprising Justices Hemant Gupta and V Ramasburmanian made these observations while quashing a new objection raised by a judgment-debtor against the auction-sale proceedings in the fifth round.

To slow down the execution of the announcement which was passed in 1974 in a money-suit petitioned for recuperating Rs.3000, the counsels of the judgment debtors, in the fifth round of case, documented a new application.

The new application was documented under Section 47 of the Code of Civil Procedure on the ground that the deal didn’t keep the command of Guideline 64 of the Order XXI of the CPC.

The Application was firstly quashed by the Trial Court, then by the Appellate Court and then by High Court.

After that, the matter was brought in front of the Supreme Court by way of further Appeal.

The Apex Court in its observation noted that the complaint as respects Rule 64 was not raised before and was raised without precedent for 2006.

Also, the Court observed that the party earlier had had adequate opportunities to mention this objection at earlier rounds.

“A judgment debtor cannot be allowed to raise objections as to the method of execution in instalments. After having failed to raise the issue in four earlier rounds of litigation, the appellants cannot be permitted to raise it now”, stated Justice V Ramasburmanian.

It should be noted here that the Rule 64 of the Order XXI of the CPC states that only that portion of the property should be sold so as to satisfy the decree amount.

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