DHIRA MISHRA Vs. MD. LAIQUE AHMAD

JUDGEMENT

(1.) The lament of Right Hon. Sir James Colvile in the year 1872 in a case before the Privy Council (The General Manager of the Raj Durbhunga, Under the Court of Wards vs. Maharajah Coomar Ramaput Sing), (1871-72)14 MIA 605, also reported in (1872) SCC OnLine PC 16 'that the difficulties of a litigant in India begin when he has obtained a decree' still holds true and the situation has not improved even after a century and half.

(2.) This prophetic observation has been taken note by the Hon'ble Supreme Court in the cases of Jini Dhanrajgir and Anr. Vs. Shibu Mathew and Anr., reported in 2023 SCC OnLine SC 643 and Predeep Mehra Vs. Harijivan J. Jethwa (Since Deceased Thr. LRS.) and Ors., reported in 2023 SCC OnLine SC 1395. There is no gainsaying the fact that even after lapse of so much time, the woes of decree-holders have not subsided and execution proceedings are being used by judgment-debtors with impunity who exploit every provision to their benefit to the fullest extent possible to frustrate the execution proceedings making the whole process look like a farce and the courts become unwitting tools in the shenanigans of unscrupulous litigants. But the observation of the Hon'ble Supreme Court in the case of Jini Dhanrajgir and Anr. (supra) is to be kept in mind that the situation is indeed disquieting, viewed from the perspective of the decree holders, but the law, as it stands has to be given effect whether the court likes the result or not.

(3.) In the present case, the instant petition has been filed for setting aside the order dtd. 6/10/2018 passed by the learned Munsif Sadar, Purnea in Title Execution Case No. 02 of 2015 by which the learned Munsif has rejected the petition dtd. 23/3/2017 filed by the petitioners, who are judgment debtor nos.2 to 6 and respondent nos. 1 and 2 are the decree holders.