E. Muniswamappa Vs. Kanyakumari - Court Judgment

Excerpt:
.....a 'decree' should flow out of this status conferred on it under order 21 rule 58(4) of the code of civil procedure... the contention based on the definitions of the words 'decree' and 'order' and the language of section 96 of the code of civil procedure, cannot be accepted. to give full effect to the language of sub-rule (4) of order 21 rule 58, it is necessary to hold that the order adjudicating the claim under order 21 rule 58 as appealable. if a particular 'order' though deemed a 'decree', is not appealable for any other reason (either because of a specific bar against appeal, or any other mode of challenging the 'order' is provided elsewhere) then, only, the remedy of appeal will not be available. the word 'otherwise' in sub-rule (4), has to be understood as applicable only to such a..........does not providefor any exclusive machinery to enforce theawards. the provisions of the code of civilprocedure are attracted, since the awards areof the civil courts (though referred as'tribunals')...when the power of executingthe award is vested in the civil court, allits procedure, including the forum of appealin respect of any order, will be applicable.assuming that the civil court functioned bearingthe nomenclature of a 'tribunal', the procedural law invoked being order 21 of the codeof civil procedure, its provisions cannot beapplied in parts. the consequences and incidentsof its provisions are to be given full effect...the parties are to be treated on par with anyother litigant wherein, similar purely civildisputes are involved. the nature of the appealcannot be different, from.....

Judgment:
ORDER

21 RULE 58(5) - Inapplicable when claim or objection decreed on merits - Governs rejection of application under proviso.

Sub-rule (5) is attracted only when theCourt refuses to entertain an application filedunder Sub-rule (1), and such a refusal is byvirtue of the proviso to the said sub-rule.When the claim or objection is decreed on itsmerits, Sub-rule (5) will not be applicable.The said sub-rule governs a situation, whenthe application is rejected only under thetwo specified circumstances.

(B) MOTOR VEHICLES ACT & CIVIL PROCEDURE CODE - AWARDS: ENFORCEMENT - No exclusive machinery provided, C.P.C. applicable, awards being passed by Civil Courts referred as Tribunals - In execution, procedure as forum for appeal as of Civil Court - Full effect to be given to Order 21 C.P.C.

The Motor Vehicles Act does not providefor any exclusive machinery to enforce theAwards. The provisions of the Code of CivilProcedure are attracted, since the Awards areof the Civil Courts (though referred as'Tribunals')...When the power of executingthe Award is vested in the Civil Court, allits procedure, including the forum of appealin respect of any order, will be applicable.Assuming that the Civil Court functioned bearingthe nomenclature of a 'Tribunal', the procedural law invoked being Order 21 of the Codeof Civil Procedure, its provisions cannot beapplied in parts. The consequences and incidentsof its provisions are to be given full effect...The parties are to be treated on par with anyother litigant wherein, similar purely civildisputes are involved. The nature of the appealcannot be different, from an appeal wherein,a similar question would arise, in case theproceedings arise under Order 21 Rule 58 CPCout of an execution of a decree of the CivilCourt made in the exercise of its ordinaryjurisdiction.