Order XXI CPC Self-Contained and Independent Order For Execution Of Decrees; Principle Of Res Judicata Cannot Apply: Orissa High Court

The Orissa High Court has held that the principle of res judicata as provided under Section 11 of the Code of Criminal Procedure is not applicable to the execution proceedings under Order 21 as it is a self-contained and independent order.

The Court was considering a Revision Petition against an order whereby the Execution Case was dropped.

The bench of Justice A.C. Behera observed, "Because, Order-21 of the C.P.C., 1908 containing 106 Rules in total for execution of decrees and orders is a self-containded and independent Order.....For which, the principles of res judicata available in Section 11 of the Civil Procedure Code are not applicable to the execution proceedings."

The Petitioner was represented by Advocate Budhiram Das while the Respondent was represented by Standing Counsel G. Mohanty.

The Case was dropped on the ground that, Application of the Petitioner for execution was not executable, for the reasons that, the DHR had not indicated the exact amount of money to be realized from JDRs, valuation of the two Government vehicles and the valuation of the immovable properties mentioned in the schedule along with other reasons.

"In case of passing an order to drop the execution proceedings on the ground of any technicality, the JDR is not precluded under law to file a fresh application for execution providing correct particulars for making the execution petition executable", the Court observed.

The Petition was accordingly allowed.

Cause Title: Santosh Patra v. State of Odisha and Others

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