Order XXI Rule 34 CPC Cannot Be Diluted; Execution Court Has Duty To Invite Objections From Judgment Debtor To Draft Document/Deed : Supreme Court

The Supreme Court observed that the provisions of Order XXI Rule 34 of the Code of Civil Procedure cannot be diluted and it has to invite objections from the judgment debtor to the draft deed/document submitted by the decree holder. The court noted the scheme of Order XXI Rule 34 as follows: -If the judgment debtor neglects or refuses to obey the decree, the decree holder is to prepare a draft of the document. It is all of this which is sought to be avoided by bringing clarity and precision and execution must be in conformity with the adjudication contained in the decree" Headnotes Code of Civil Procedure, 1908 ; Order XXI Rule 34 - It is the duty of the court to cause the draft to be served upon the judgment debtor and to apply its mind and to make alterations in the draft, if needed, when objections are filed - It will be thereafter that the decree holder is to deliver it to the court with the alterations if any made by the court, on proper stamp paper, if required and the execution of the document is effected by the court or the officer appointed. Summary - Appeal against High Court judgment which upheld the procedure adopted by the Execution Court that did not invite objections under Order XXI Rule 34 from Judgment debtor to draft sale deed produced by Decree holder - Allowed - Clearly contravenes the salutary provisions of Order XXI Rule 34 - The objections of the appellant to the draft sale deed to be considered.