RAJBIR versus SURAJ BHAN & ANR

Citation: [2022] 16 S.C.R. 932 · Decided: 28-02-2022 · Supreme Court of India · Bench: K.M. JOSEPH · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · cites 1 · see the full citation network in Lexace

Judgment (excerpt)

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932
SUPREME COURT REPORTS
[2022] 16 S.C.R.
RAJBIR
v.
SURAJ BHAN & ANR.
(Civil Appeal No. 1700 of 2022)
FEBRUARY 28, 2022
[K.M. JOSEPH AND HRISHIKESH ROY, JJ.]
Code of Civil Procedure, 1908:
Or. XXI r. 34 – Decree for execution of a sale document –
Decree holder-respondents filed for execution petition of decree of
specific performance of a sale deed – Court issued direction to
execute the sale deed in favor of decree holder – Objections to the
execution of sale deed of judgment debtor rejected – Draft sale
deed submitted by the decree-holder was approved by the execution
court – Revision petition filed by appellant/judgment debtor –
Dismissed by the High Court – In appeal before this Court case of
the appellant/judgment debtor that objection of appellant/judgment
debtor to the draft sale deed were not taken as required u/Order
XXI Rule 34 – On appeal, held: It is not required that the decree
holder must directly deliver the draft sale deed to the judgment debtor
– Procedure, is that the decree holder must make it available to the
Court – Under Order XXI Rule 34, it becomes the duty of the court
to thereupon cause the draft to be served upon the judgment debtor
– There must be a notice inviting objections and the court may fix a
time within which objections are to be filed – Judgment debtor may
or may not object – Execution court to hand over the copy of the
draft sale deed produced by the respondents within the stipulated
period – Appellant would be free to file his objections to the draft
sale deed and thereafter, after hearing the parties, a decision would
be taken on the objections.
Or. XXI r. 34 – Decree for execution of a document – Held:
Order XXI Rule 34 sub-rule (3) contemplates a situation where the
judgment debtor objects – This is to be contained in writing within
the time provided – The court is duty bound to make an order
approving or altering the draft as it thinks fit – It is also important
   [2022] 16 S.C.R. 932
932
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from the point of view of the role of the executing court which is to
act in conformity with the decree – Though, it is indeed open to the
executing court to construe the decree; it cannot go beyond the
decree – Order XXI r. 34 cannot be diluted and any such departure
from the provisions can have highly deleterious consequences not
merely qua the parties but also persons who come to deal with those
parties in future.
Allowing the appeal, the Court
HELD: 1.1 The present document is a sale, therefore,
Order XXI Rule 34 CPC is attracted. It contemplates that if the
judgment debtor neglects or refuses to obey the decree, the
decree-holder is to prepare a draft of the document. In this case,
the draft of the document is the draft sale deed. The draft of the
sale deed must further be in accordance with the terms of the
decree. It is to be delivered to the court. Thereupon, it is not
required that the decree holder must directly deliver it to the
judgment debtor. The procedure, therefore, is that the decree
holder must make it available to the Court. Under Order XXI
Rule 34, it becomes the duty of the court to thereupon cause the
draft to be served upon the judgment debtor. There must be a
notice inviting objections and the court may fix a time within which
objections are to be filed. The judgment debtor may or may not
object. [Para 10]9942-B-D]
1.2 It is well settled that the execution court cannot go
beyond the decree. The decree must be executed as it is. Though,
it is indeed open to the executing court to construe the decree;
it cannot go beyond the decree. Therefore, when objections are
filed pointing out in a given case that the proposed draft of the
sale deed is not in conformity with the decree, it becomes the
duty of the executing court to apply its mind and to make
alterations in the draft, if needed, to make it in conformity with
the decree. It will be thereafter that the decree holder is to deliver
it to the court with the alterations if any made by the court, on
proper stamp paper, if required and the execution of the document
is effected by the court or the officer appointed. [Para 11]
[942-F-G]
RAJBIR v. SURAJ BHAN & ANR.
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SUPREME COURT REPORTS
[2022] 16 S.C.R.
1.3 This is a case where the court did not invite objections
of the appellant to the draft sale deed but the application of the
respondents for appointment of the commissioner to execute the
sale deed is allowed, no doubt, taking note of the order of the
same date, reje

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