CIVIL PROCEDURE CODE, 1908 — Order XXI Rule 11 — Execution petition — Multiple reliefs — Maintainability (Paras 8, 9)
An execution petition can contain more than one relief where such reliefs are interconnected or arise out of the same cause of action. Multiple modes of execution, including discrediting documents executed in violation of decree and arrest of judgment debtor, can be combined in a single execution petition, particularly when adjudication of one relief is foundational to the other.
EXECUTION — Disobedience of decree — Combined adjudication of reliefs (Para 9)
Where the core issue is whether the judgment debtor violated an injunction decree by executing documents, the relief of declaring such documents ineffective and the consequential relief of detention in civil prison under Order XXI Rule 32(2) and (5) CPC can be adjudicated together, without requiring separate applications.
CIVIL RULES OF PRACTICE — Rule 55 — Applicability — Execution proceedings (Paras 6, 10)
Rule 55 of the Civil Rules of Practice, which contemplates separate applications for distinct reliefs, cannot be rigidly applied to execution proceedings so as to defeat substantive rights. Even assuming applicability, the proper course for the Court is to direct the petitioner to elect or split reliefs, rather than dismiss the execution petition outright.
PROCEDURAL LAW — Subordinate legislation — CPC prevails (Para 6)
The Civil Rules of Practice, being subordinate to the Code of Civil Procedure, cannot override or restrict substantive procedural rights conferred under the CPC.
EXECUTING COURT — Duty — Approach to procedural defects (Para 10)
When an application contains multiple reliefs, the executing Court ought to adopt a curative approach by directing correction or segregation of reliefs instead of rejecting the execution petition on technical grounds.
ORDER XXI RULE 32 CPC — Enforcement of injunction — Scope (Paras 3, 9)
Where a decree for injunction is violated, the executing Court is empowered to enforce compliance by ordering detention of the judgment debtor in civil prison, and such relief can be sought along with consequential reliefs relating to acts done in breach of the decree.
REVISION — Article 227 — Interference — Justification (Paras 11, 12)
Where the executing Court dismisses an execution petition on an erroneous procedural ground without considering the merits, such order is unsustainable and liable to be set aside in exercise of supervisory jurisdiction under Article 227 of the Constitution of India.
FINAL RESULT (Paras 11, 12)
Civil Revision Petition allowed — Impugned order set aside — Execution Petition restored to file — Direction to dispose of the same in accordance with law.
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