STATE OF MIZORAM Vs. S K ROY

JUDGEMENT

(1.) The question that has to be decided herein is whether a judgment can be executed by an Executing Court in the absence of a decree. Heard Mr. Samuel Vanlalhriata Chhangte, counsel for the petitioner who submits that the Court of the senior Civil Judge, Aizawl District, Aizawl had passed judgment and order dated 29.01.2009 in Money Suit No. 40/2006 wherein the said court had decree the suit in favour of the respondent/plaintiff and held that the plaintiff is entitled to payment of Rs. 51,16,500/- with interest at the rate of 12% p.a. with effect from 25.11.2004 till final payment. Being aggrieved with judgment and order dated 29.01.2009 passed in Money Suit No. 40/2006, the present petitioner had preferred a Revision Petition under Article 227 of the Constitution of India against the said judgment. The Civil Revision Petition was registered as CRP No. 17/2012 and the same was dismissed by this Court vide judgment dated 19.11.2012.

(2.) The respondent/plaintiff had in the meantime filed Execution Case No. 23/2010 praying for execution of the judgment and order dated 29.01.2009 passed in Money Suit No. 40/2006. The Court of the senior Civil Judge-I, Aizawl District, Aizawl passed order dated 15.10.2012 in execution case No. 23/2010 as follows:-

(3.) The State of Mizoram, i.e. the petitioner being aggrieved with the order dated 15.10.2012 passed in Execution Case No. 23/2010 had filed the present petition under Article 227 of the Constitution stating that the executing court could not have passed any order for execution of the judgment and order dated 29.01.2009 passed in Money Suit No. 40/2006 in the absence of a decree being drawn up by the Trial Court.