UNION OF INDIA Vs. METAL INDIA

JUDGEMENT

(1.) This execution application has been taken out in 2001. It was placed on board for dismissal and it came to be dismissed as it was not pursued under the provisions of Rule 329 of the High Court Original Side Rules. Rule 329 runs thus:

(2.) Consequently if for a period of 12 months from the date of the filing of the application for execution it is not prosecuted it would be placed on board for dismissal and dismissed. This would be whether or not the parties appeared. This execution application was taken out in 2001. It was placed on board and dismissed on 12th March, 2012. The Court has observed that the application is not pursued by the plaintiff and hence it is dismissed.

(3.) The object and purport of the rule must be first understood. Execution has to be levied in one of the five modes set out in Section 51 of the CPC. An execution application is taken out for such purpose. If the decree holder fails to take recourse to any of these modes, the execution application remains on board for a number of years. The execution application is not to be left on board unpursued for more than 12 months. Hence after 12 months the Court may place it on board for dismissal and dismiss it.