what is the effect of not filing the copy of the decree along with the execution application filed by the appellant.

what is the effect of not filing the copy of

the decree along with the execution application filed

by the appellant.

In our view, even though the

appellant did not file the certified copy of the decree

along with the execution application for the reason

that the same was not passed by the Court, yet the

execution application filed by the appellant, in our

view, was maintainable. Indeed, so long as the

formal decree was not passed, the order dated

01.06.2012 was to be treated as a decree during the

interregnum period by virtue of Order 20 Rule 6A (2)

of the Code. In other words, notwithstanding the

fact that the decree had not been passed, yet by

virtue of principle underlined in Order 20 Rule 6A(2)

of the Code, the order dated 01.06.2012 had the

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effect of a decree till the date of actual passing of

the decree by the Court for the purposes of

execution or for any other purpose. This empowered

the Executing Court to entertain the execution

application and decide the objections raised by the

respondent on merits.

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL No.5534 OF 2019

(Arising out of S.L.P.(C) No.3053 of 2019)

Sir Sobha Singh And Sons Pvt. Ltd. ….Appellant(s)

VERSUS

Shashi Mohan Kapur(Deceased)

Thr. L.R. ….Respondent(s)