In a revision petition filed before the Orissa High Court under Section 115 of the Civil Procedure Code, 1908 (CPC), to challenge an order dated 27-09-2024 passed by the Civil Judge (Sr. Division), Sonepur, a Single Judge Bench of Justice Ananda Chandra Behera held that the impugned order was unsustainable by law and remitted the matter back to the Civil Judge.
By the impugned order, the execution case filed by the petitioner, which arose out of the judgment and decree passed in a money suit, was dropped since it was found that the same was not executable. Among other things, the reasoning given was that the decree holder had failed to indicate the exact amount that was to be realized from the judgment debtor.
The Court stated that it was fundamental in civil law that the principles of res judicata do not apply to the execution proceedings. It was said that even though execution proceedings are dropped because of a particular technicality, the judgment debtor is not precluded from filing a fresh execution application after providing the correct particulars.
It was said that Order 21 of the CPC, having 106 Rules for the execution of decrees and orders, is a self-contained and independent Order, and that Section 11, which has the principles of res judicata, does not apply to execution proceedings.
The Court mentioned that the decree holder should not be debarred from attaining the fruits of the decree only because of a technical defect in the execution application, such as not furnishing the particulars of movable and immovable properties.
Further, the Court held that since the Civil Judge (Sr. Division) passed the impugned order without giving the petitioner any opportunity to supply the required particulars in compliance with Rule 11(2) of Order 21, CPC, the same could not be sustained under law. Thus, the impugned order was set aside, and the revision petition was allowed.
While remitting the matter back to the Civil Judge, the Court directed that an opportunity be given to the petitioner to provide the correct particulars regarding the mode of execution. The parties were directed to appear before the Civil Judge (Sr. Division), Sonepur, on 22-10-2025.
Appearances:
For Petitioner – Mr. Budhiram Das
For Opposite Parties – Mr. G. Mohanty
