Law: Civil Procedure Code (V of 1908)

Section: O.XXI,R.103

Civil Procedure Code (V of 1908)--- ----O. XXI, R. 103---Decree holder---Rights and duty---Decree, execution of---Procedure---Decree-holder instead of filing execution petition took the suit file to the Nazir of the Court and managed to get report from the Nazir and filedapplication for order thereon from the Court---Validity---Neither any direction was issued for the defendants to appear before the Nazir nor he had summoned them---No justification existed for the Nazir to prepare report and refer the matter to the Court for further direction---Civil Court became functus officio after passing and decree---Executing Court had to follow the provisions of O. XXI, C.P.C. for execution of and decree if execution petition was filed by the decree-holder---Once the suit was decreed plaintiff ceased to be plaintiff and became a decree-holder---Decree-holder was not supposed to obtain any further order in the disposed of suit---Decree-holder acquired rights under the decree and to enforce his rights he had to file an execution application---Nazir of the Court could not assume the role of Executing Court and prepare a report after examining the and decree at his own or on the request of plaintiff---Additional Registrar (O.S) of the High Court was directed to hold an inquiry against the concerned staff of the suit branch for sending the suit file to the Nazir office---Staff who had sent file if found guilty of inefficiency or corruption should be proceeded against according to service Rules---Nazir of the Court was directed not to receive and retain any suit file in his office in which there was no direct order of the Court---Nazir should not entertain any written or oral request of the parties to prepare any report/reference in a suit disposed of through the and decree unless Executing Court had been approached. THIS JUDGMENT DELIVERED BY: NAZAR AKBAR, J.--- It is stated by the learned counsel for the plaintiff that the Judgment in this suit was passed on 10.1.2018 and the decree was also prepared on 16.01.2018. However, learned counsel for Decree-holder instead of filing execution application managed to take the suit file to the office of Nazir of this Court and…

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