Uttam Rice Mill vs. Ashok Construction Company - Order XXI Rule 106,17(IA) CPC - Restoration Of Execution Proceedings

Code of Civil Procedure 1908- Order XXI Rule 106, 17 (lA) - Execution Court dismissed application seeking restoration of the execution proceedings - Upholding this order, SC observed: Even if it were assumed that the facts of the case did not demand application of Rule 17 (lA) of Order XXI of the CPC by the Executing Court while dismissing the execution application, the mere conduct of the decree-holder, which had been laden with lethargy and passivity throughout makes it unjustifiable to grant any relief to the respondent - A litigant who is not vigilant and prompt towards his cause must not be allowed to claim equity before a Court of law - It is blatantly apparent that the respondent’s conduct in initiating execution proceedings a decade after the money decree was passed and then remaining absent before the Executing Court for a period of five years, and yet taking another year in filing a restoration application post the dismissal of execution application reeks of nothing but non-diligent conduct throughout. (Para 14-17)