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Duty Of Court To Ensure That Decree Holder Doesn’t Suffer Indefinitely

In Mohinder Kumar Vs Surinder Kumar Sood, Justice Tarlok Singh Chauhan of the Himachal Pradesh High Court, while disposing of a second appeal, made a pertinent observation with regard to the avoidable delay occurring in the matter of disposing civil cases. He observed that a person who approaches the court must be able to enjoy the fruits of a decree and he cannot be made to suffer indefinitely even after a contest of a claim in a court of law.

The judge, while dismissing the appeal imposing exemplary cost on the appellant, also said it is the duty of the court to put a ceiling on unnecessary delay in the matter of enjoying the fruits by a decree holder. He remarked: “It is often said that a litigation in this country, particularly on the Civil side commences only after obtaining a decree while executing.”

Article referred: http://www.livelaw.in/duty-court-ensure-decree-holder-doesnt-suffer-indefinitely-himachal-pradesh-hc-read-judgment/

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