Individuals Who Are Not Parties To The Action But Are Interested In The Decree May Be Added As Judgement Debtors In Execution Proceedings

In a recent decision, the Calcutta High Court allowed the addition of the names of the Kolkata Municipal Corporation [KMC] and its Commissioner as judgment debtors in the execution of a lawsuit, despite the fact that they were not parties to the original litigation at the time the decree was issued.

In a case involving Rana Chairs, the decree-holder, the High Court was considering a request to add KMC and its Commissioner to the list of judgment debtors.

The officers of KMC had placed an order with a supplier of premium auditorium-cinema chairs, and they had obtained delivery receipts. However, because the payments were not provided, they brought a lawsuit before a Delhi High Court Single Bench and won an ex-parte decree. Director General (Town Planning) KMC was named as the primary respondent in the lawsuit.

The Calcutta High Court received the transfer of the decree for execution. The KMC and its Commissioner filed a motion with the Delhi High Court to set aside the ex-parte decree in accordance with Order 9, Rule 13 of the Civil Procedure Code, 1908, but it was denied. They then appealed the ex-parte decree before a Division Bench of the Delhi High Court, but on June 4 they were once again dismissed.

Rana Chairs stated that KMC was a required party to the execution in the proceedings before the Calcutta High Court and that the urban local authority had made a sincere attempt to join the original suit by filing an appeal before the Delhi High Court.

The defendants countered that KMC was not permitted to join the lawsuit as a party and, consequently, could not be added as a party to the execution proceedings.

Justice De stated that there is no specific provision by which such a decree would be executed against persons who were not parties eo nomine when addressing the issue of whether persons who were not on record at the time the decree was passed can be made liable under the decree and whether execution can be sought against them.

The court acknowledged that KMC and its Commissioner had contested the ex-parte ruling before the division bench and that an order of attachment had been made with regard to KMC’s bank account during the execution process.

According to the court, the inclusion of the names of KMC and its Commissioner will not harm any of the petitioners for execution in any way. The court granted the request and issued an order adding the new parties as judgment debtors in the Execution Case cause title.

News Mania Desk