The law of civil procedure is a vital bridge connecting two disparate wards, the substantive law and the rules of procedures. The procedures relating to execution of decrees and orders aim at reaching the fruits civil litigation to the justice seekers. In this book the author has successfully simplified even the complex looking procedures regarding the execution proceedings. The author has stressed that if the plaintiff gets a decree and once it attains finality it becomes solemn duty of the court to see that the fruit of decree reaches the seekers properly in proper time and even a day long unnecessary delay may be explanatory for the judicial system. For this, he has pointed out certain directives for the judges so that proper attention may be paid to such proceedings. There is a proverb amongst the litigants that 'real civil litigation starts after passing of the decree'. The author has tried to relieve the system from such stigma. In C P C, there is a vast chapter regarding execution of decrees and orders passed under the code, but this book has brought before the readers also the procedures for execution of orders passed under other laws. The author has also reminded the superior Courts of its jurisdiction provided by the constitution of India. He has discussed the provisions of Articles 129,142 and 215 and explained the courts enjoy both plenary and residual powers and can intervene in the matter of execution of decrees and orders. He also stressed that a civil court may plead excuses of delay in the name of complex procedures, but the superior courts do not have any bonds.
Born on 06-01-1948, Mr. Y. P. Bhagat, author of this book got degree of B L in 1968 and started practice as a lawyer in the month of February 1969. Shortly thereafter, he joined his assignment as a Judicial officer on 07-06-1975. After retiring from service, he resumed legal practice and shifted to Delhi and started practice as an advocate and consultant there and in that course he joined as a Consultant Legal in NAFED which is a co-operative sector federation and a P S U of the Union Government. During practice and working as a judicial officer as also consultant legal, he found that the books on many legal texts were hardly sufficient to explain the complex questions of law. It inspired him to work on legal subjects and he got published many reputed books which gained desired appreciation both at the Bar and the Bench. In the foreword of his first book, namely 'Reformation in Judiciary' the Hon'ble Chairman of the Bar Council of India said, ""I am happy to note, the work of Mr. Bhagat may be taken as a Reformatory Jurisprudence"" . Thus, he placed Mr. Bhagat in the line of globally reputed jurists. Mr. Bhagat placed many well elaborately discussed books already published and further waiting for publication. In all his books, he explained the complex questions in a simple way and placed the controversial explanations before the legal luminaries including law courts for consideration and reconsideration by them and this way he has created a big platform for discourse.
Manual of the Civil Procedure Code
Author : MLJ
The Code of Civil Procedure
Author : M P Jain