PREPARATORY PROCEDURE OF EXECUTION OF DECREE: A CRITIOUE

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DR. VINOD KUMAR , DR. MONA GOAL

Abstract

This article serves as a comprehensive overview of the execution provisions outlined in the Code of Civil Procedure, 1908. Every effort has been made to explore the multitude of provisions that guide the execution proceedings within the court. The system, as elucidated by these provisions, appears thorough yet extensive. The existing Code meticulously addresses nearly all aspects of the execution process. However, it is the misuse and exploitation of these provisions that often leads to the protraction of enforcement procedures, thereby delaying the dispensation of justice. It is imperative to employ these provisions effectively and promptly. Both decree-holders and the court must exercise vigilance to prevent the exploitation and abuse of the established procedures by the opposing party. Neglecting this responsibility would render the provisions toothless. It is crucial to move forward in the correct direction and implement necessary reforms to ensure that litigants are not subjected to the whims of a select few cunning individuals.

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