Law of Execution Proceedings

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Author: Y P Bhagat
Publisher: Universal Law Publishing - An Imprint of LexisNexis; First edition (1 April 2016)
Edition: 1st
ISBN-13: 9789351439400
No of pages: 1095
Weight: 1 kg 320 g
Language: English
Book binding: hardcover

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The law of civil procedure is a vital bridge connecting two disparate wards, the substantive law and the rules of procedures. The procedures relating to execution of decrees and orders aim at reaching the fruits civil litigation to the justice seekers. In this book the author has successfully simplified even the complex looking procedures regarding the execution proceedings. The author has stressed that if the plaintiff gets a decree and once it attains finality it becomes solemn duty of the court to see that the fruit of decree reaches the seekers properly in proper time and even a day long unnecessary delay may be explanatory for the judicial system. For this, he has pointed out certain directives for the judges so that proper attention may be paid to such proceedings. There is a proverb amongst the litigants that 'real civil litigation starts after passing of the decree'. The author has tried to relieve the system from such stigma. In C P C, there is a vast chapter regarding execution of decrees and orders passed under the code, but this book has brought before the readers also the procedures for execution of orders passed under other laws. The author has also reminded the superior Courts of its jurisdiction provided by the constitution of India. He has discussed the provisions of Articles 129,142 and 215 and explained the courts enjoy both plenary and residual powers and can intervene in the matter of execution of decrees and orders. He also stressed that a civil court may plead excuses of delay in the name of complex procedures, but the superior courts do not have any bonds.