Order 21 Rule 25 of the Code of Civil Procedure provides for endorsement by the officer entrusted with the execution that if he is unable to execute the process, the court shall examine the reasons for the alleged inability and pass appropriate orders. No report was submitted by the bailiff asking for police assistance in execution for reasons specified. Likewise, there is no report Under Order 21 Rule 35(3) Code of Civil Procedure requesting for police assistance for effectuating delivery of possession. There is no material if the application before the Tehsildar was made by the bailiff or the decree holder. Be that as it may, we are constrained to hold that the procedure adopted by the police with regard to the delivery of possession by resorting to a manner outside the procedure of the court, using the court orders as an umbrella was wholly unwarranted. The executive authorities were completely unjustified in their over enthusiasm without asking for proper court orders regarding police assistance despite the fact that they were fully aware that possession was to be delivered in pursuance of a court order.
{Para 13}
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 8175 of 2019
Decided On: 21.10.2019
Om Parkash Vs Amar Singh and Ors.
Hon'ble Judges/Coram:
Navin Sinha and B.R. Gavai, JJ.
Citation: MANU/SC/1447/2019,2020(2) MHLJ 803
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