Disposal of execution applications in district courts in the state of Haryana a critique of the procedural impediments

Abstract

Execution of a decree is the last step of the civil litigation. Any delay in the execution process hurts the most to the decree holder. The provisions are lengthy and the procedure is cumbersome. In this research, after tracingits historical background, Order XXI of the Code of Civil Procedure, 1908 (CPC) and other provisions pertaining to the execution process has been discussed in detail. After analysis of the provisions, procedural impediments have been identified. Role of judges, lawyers, litigants and the enforcement agencies in the execution process leading to delay have been assessed, after analyzing the questionnaire data.Data pertaining to the execution applications in the District Courts in the State of Haryana was compiled and scrutinized thoroughly. Execution process in India is compared with the execution proceedings in the US legal system. While concluding, the courts were found to be burdened with the execution applications and there is delay in disposal thereof. Reasons for delay in execution have been discussed and the research work ends with suggestions to overcome the impediments leading to delay in the execution proceedings. newline