AI Drafter 
TaxTMI 
TaxTMI 
2010 (9) TMI 1134
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.... which has brought the parties to this Court for the second time amply demonstrates that the real troubles of a plaintiff start only after he obtains a decree, thanks to the long winding legal procedure and the ingenuity of the lawyers who often exploit the same to the benefit of one party at the cost of the other. 2. A suit filed by Late Raj Kumari the plaintiff for recovery of a sum of Rs. 60,000/- was decreed in her favour with costs by the Trial Court on 25th October, 1976 against Hans Raj, defendant now deceased. In execution of the said decree SCF No.9, Sector 27-D, Chandigarh was attached and finally sold in a public auction on 17th April, 1978, for a sum of Rs. 82,000/- in favour of the decree holder who was permitted by the Executing Court to participate in the auction. The judgment debtor filed his objections challenging the legality of the auction, but while the same were pending consideration, the parties put in a written compromise on 16th June, 1979 which, inter alia, provided that the decree holder would deposit a sum of Rs. 35,000/- for payment to the judgment debtor, whereupon the latter shall handover to the decree holder the vacant possession of the property a....
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....tion and answered the same against the judgment debtor in terms of its order dated 25 th September, 1984. It held that the confirmation of sale and issue of the sale certificate in favour of the decree holder was legal and valid and that the decree holder was entitled to possession of the property sold in her favour. Resultantly, the Executing Court issued warrants for delivery of possession of the property in question in favour of the decree holder. 5. The delivery of possession was for the third time resisted by the judgment debtor on the ground that there was no decree for possession. The Executing Court dealt with these objections in its order dated 5th October, 1987 and noted that the issues raised by the judgment debtor had already been decided against him by the earlier orders of the Executing Court dated 30th August, 1979 and 25th September, 1984 which orders had attained finality. It also held that application dated 22nd January, 1985 under Order XXI Rule 97 CPC having been filed by the decree holder within the stipulated period of 30 days from the date of resistance to the delivery of possession was maintainable. The above order was assailed by the judgment debtor in E....
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....v. Jagannath 1994 (1) SCC 1, A.R. Antulay v. R.S. Naik and Anr. 1988 (2) SCC 602, in support of the submission that the procedure adopted by the Executing Court was neither just nor fair and not even in accordance with the provisions of the CPC. Mr. Kapoor also made a grievance against the dismissal of the first appeal preferred by the judgment debtor in limine, by a non-speaking order. He submitted that although the Division Bench had while disposing of the Letters Patent Appeal by the impugned judgment gone into the merits of the contentions urged by the appellant yet the same did not cure the defect in the order passed by the Single Judge whereby the first appeal filed by the appellant had been dismissed without recording any reasons. 8. The litigation between the parties has a chequered history and has passed through different stages. The first stage led to an order of attachment of the property in question, issue of a sale proclamation, confirmation of the sale in favour of the decree holder by the Executing Court and the grant of sale certificate to her. Except two, each one of the contentions urged by Mr. Kapoor before us relate to the procedure adopted and the order pass....
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....nally determined against the appellants in terms of the judgments and orders of the Executing Court and the High Court in the first round, stand concluded & cannot be re-agitated. Reliance upon the decisions of this Court cited by Mr. Kapoor, is therefore of no assistance to him. 9. In the second round which started with a fresh set of objections raised by the judgment debtor, the Executing Court once again examined the matter and rejected the objections by an order dated 25th September, 1984. The Executing Court held that the questions raised by the judgment debtor stood answered by the earlier orders passed by the Executing Court and upheld by the High Court in appeal. The contention that the compromise between the parties extinguished the decree and was a complete adjustment within the meaning of Order XXI Rule 2 was also repelled. The Court held that the decree continued to subsist till the judgment debtor delivered possession of the premises in terms of the compromise. The court accordingly issued warrants for delivery of possession to the decree holder. It is common ground that the view taken by the Executing Court in the said order has also attained finality as no appeal ....
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....ession of the property to the decree holder for such a long time even after the sale of the property in her favour which was found by all the courts including this Court to be perfectly valid in law. The argument that even after the sale was declared to be legally valid, the decree holder could not demand delivery of possession, as the decree stood fully adjusted and satisfied was also rightly rejected by the Executing Court, in its order dated 25.9.1984 against which the judgment debtor had sought no redress. 12. That brings us to the question whether the Division Bench of the High Court committed a mistake in ignoring the fact that the Single Judge who dismissed the first appeal filed by the judgment debtor had recorded no reasons in support of the order passed by him. It was, according to Mr. Kapoor, necessary for the Single Judge to give reasons in support of the order made by him howsoever brief the same may have been. The absence of any reason in the order passed by the Single Judge was, argued the learned counsel, sufficient for the Division Bench to set aside the same and remit the matter back for a fresh disposal in accordance with law. In as much as the Division Bench ....
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.... exercisable at the whims and fancies of the repository of such power. There is nothing like a power without any limits or constraints. That is so even when a Court or other authority may be vested with wide discretionary power, for even discretion has to be exercised only along well recognized and sound juristic principles with a view to promoting fairness, inducing transparency and aiding equity. 15. What then are the safeguards against an arbitrary exercise of power? The first and the most effective check against any such exercise is the well recognized legal principle that orders can be made only after due and proper application of mind. Application of mind brings reasonableness not only to the exercise of power but to the ultimate conclusion also. Application of mind in turn is best demonstrated by disclosure of the mind. And disclosure is best demonstrated by recording reasons in support of the order or conclusion. 16. Recording of reasons in cases where the order is subject to further appeal is very important from yet another angle. An appellate Court or the authority ought to have the advantage of examining the reasons that prevailed with the Court or the authority ma....