Decrees of Civil Court & its Execution

(1) Introduction:
Our topic on hand is regarding scope of introducing punishment as an additional measure for executing civil decrees and orders. Current provisions of executing decrees, including orders are effective or not is different subject. As we all know very well that executing proceedings before a Civil Court are being delayed for many reasons. Courts in such proceedings are not maintaining proper time limits and effective schedules. Delay tactics on part of decree debtors and their counsels are not handled or viewed strictly. Process serving or executing officers of the courts are not performing their duties up to the mark as they are supposed to perform. Judges, themselves are not keen enough for early, speedy and effective disposal of executing proceedings because they don’t get sufficient points or marks in their judicial work assessment in respect of disposal of such proceedings. Apart from all these factors, I am not of view that current provisions of Civil Procedure Code regarding execution of decrees and orders are ineffective.

(2) Scope:
While discussing the scope of introducing punishment as an additional measure for executing decrees and orders we must examine current measures also. Part II of CPC is in regard to execution of decrees and orders. Provisions are made in part II of CPC regarding arrest and detention, attachment and sale of moveable and immoveable properties as measure of execution of decrees and orders. Order XXI of CPC provides procedures for implementing these measures. Our topic on hand is to discuss and find out the scope of introducing punishment to make execution proceedings more effective.

(3) Need of Introducing Punishment:
Arrest and detention in civil prison is already provided as a measure for executing civil decrees and orders. But these measures are not proved much effective and they are used very rarely and after a very long time- almost at the end of an execution proceeding. Because provisions of order XXI are made to make execution proceeding effective and justifiable they are being used as hurdles by the decree debtor for the decree holder in his race for getting fruits of his toughly earned decree. In short, roads to reach the goal are becoming speed-breakers in achieving the goal. It is easy to punish a defaulting witness under section 32 of CPC, but very complicated and hard to punish a defaulting decree debtor. In my humble belief decrees and orders of civil courts should be given similar status as the Negotiable Instruments have got under the Negotiable Instruments Act. This Act was amended in 1988, wherein a new chapter XVII was incorporated for penalties in case of dishonour of cheque due to insufficiency of fund. This provision was incorporated with a view to enhancing the credibility of the instrument. Penal provisions contained in sections 138 to 148 of the Act are intended to discourage people from not honouring their commitments by way of payment through cheques and are intended to ensure that obligations undertaken by issuing cheques as a mode of payment are honoured. Cannot similar provisions apply to the decree debtor who dishonours a decree of a Civil Court? Decree of a Civil Court is the result and decision of a suit reached after full fledge consideration of evidence and it declares rights of the parties. In this way a decree holds strong ground than a negotiable instrument like a cheque. A decree is a declaration of a right of a person, which casts legal obligation on the other party. It is the commitment decided by a competent court of the country. Is not the high time has come to ensure the credibility of a civil court’s decree?

(4) Suggestions:
Provisions similar to the chapter XVII and sections 138 to 142 of The Negotiable Instrument Act can be incorporated with a view to encourage the faith and to enhance the credibility of a civil court’s decree and order. Provisions can be added in Order XXI of CPC or new provisions can be made or a new Act can be enacted with the object of inculcating faith in the efficacy of decrees and orders of civil courts and giving credibility to the powers of a court in respect of execution of its decrees and orders. Penal provisions can be amended to discourage people from not honouring their commitments declared by the decree and order of a competent court. Such provisions are to be made strong enough to ensure that obligations declared by the decrees or orders of a court are honoured in true sense. Provisions can be made that the decree debtor has to honour the decree within prescribed time on his receiving notice issued by the decree holder within prescribed time after the decree became final and executable. If the decree debtor does not honour the decree as prescribed, the decree holder can approach the court and file a complaint against the decree debtor. Proper time limit for filing such complaint, summary procedure and presumptions in favour of decree holder similar to the Negotiable Instrument Act can be enacted while introducing new provisions. Above all, adequate enough punishment has to be introduced to discourage people from not honouring their commitments laded by the decree or order of a competent court and to ensure that obligations pronounced by the decree or order of a court are honoured.