Filing Of Certified Copy Of Decree Not Mandatory In An Execution Application

Introduction

The tool of interpretation has once again come to the aid of the litigants from being smothered by the chains of the procedural law, when the highest court of law in the country held in the case of Sir Sobha Singh & Sons Pvt. Ltd. v. Shashi Mohan Kapur (deceased) through L.R.¹, that there is no mandatory requirement for filing of certified copy of decree in an execution petition/application. While holding so, the Apex Court has extended the rules and principles that are applicable in appeals from decree to the applications for execution of decrees.

Facts

The opportunity for the said decision arose when in a landlord-tenant dispute, the parties arrived at a compromise and a consent order was passed on the basis of the same, however, no decree was drawn by the Trial Court recording the consent order. Thereafter, when the Respondent-tenant did not vacate the premises and filed applications seeking extension of time for vacating the premises on one