Execution of Decree under CPC

Meaning

The term “execution” isn’t described within the Code of civil procedure. The term “execution” means enforcing or implementing or giving impact to an order or a judgment surpassed through the court of justice. In easy words “execution” way the system of implementing or giving impact to the decree or judgment of the court, through compelling the judgment-debtor to perform the mandate of the decree or order and allow the decree-holder to get better the component granted to him through judgment.

 

Execution proceeding under cpc

In Ghan Shyam Das v. Anant Kumar Sinha, the Supreme Court treated the provisions of the code regarding the execution of orders and decree and said that the Code consists of complicated provisions which address all questions concerning executability of a decree in all aspects. The Court similarly discovered that several provisions of Order 21 deal with diverse conditions presenting powerful treatments to judgment-debtors, decree-holders and claimant objectors. In the cases, wherein provisions aren’t able to giving comfort insufficient measures and suitable time, to an aggrieved party, then submitting a normal fit withinside the civil courtroom docket is the solution. The Court similarly defined that the judicial first-rate of the treatment beneath Civil Procedure Code is taken into consideration to be advanced compared to different statutes therefore, the judges are predicted to do higher as they’re entrusted with the management of justice

Courts which can execute decree

Section 38 of the Code states that a decree may be accomplished both via way of means of the Court of the primary example or via way of means of the Court to which it’s been despatched for execution. Section 37 of the Code similarly establishes the scope of the expression “court which exceeded a decree” with the item of allowing a decree-holder to get better the end result of the decree. The courts which fall in the stated expression are as follows: The court of the primary example; The court which certainly exceeded the decree in case of appellate decrees; The court which has jurisdiction to strive the match on the time of execution, if the court of first example ceased to exist; The court which on the time of execution had jurisdiction to strive the match, if the court of first example has ceased to have jurisdiction to execute the decree. Explanation to the phase clarifies that the court of first example shall have jurisdiction to execute a decree even withinside the case of any place being transferred from the jurisdiction of the court of first example to the jurisdiction of every other court. In such cases, the court to the jurisdiction of which such place has been transferred may even have jurisdiction to execute the decree, supplied that the stated court had jurisdiction to strive the stated match while the software for execution become made.

Execution of foreign decrees in India

The Code lays down the procedure for execution of foreign judgments and decrees in India. While enforcing a foreign judgment or decree in India it should be ensured that the judgment or decree is a conclusive one, given on the merits of the case and by a court having competent jurisdiction.

Procedure in execution

Section 51 to 54 of the Code talks about the procedure in execution.

section 51

The section states the jurisdiction and power of the court in executing a decree. An application for execution of the decree can either be oral or written. The court may execute decree as per the mode of implementation prayed by the decree-holder or as the court deems fit.

Mode of executing decree

  • By delivery of any property (movable or immovable) specifically decreed.
  • By sale of the property with or without the attachment of the property. If the property is situated within the jurisdiction of the court then it has the power to attach the property.
  • By arrest and detention. However, this mode should not be exercised without giving a reasonable opportunity to the judgment-debtor, in the form of a show-cause notice as to why he should not be imprisoned.
  • Execution by appointing a receiver
  • If any other mode apart from the ones mentioned in clause(a) to (c) needs to be used in the execution of a decree then clause(e) comes into play.

section 52

This section deals with the cases where the decree is passed against the legal representative of the judgment-debtor (deceased). So long as the property of the deceased remains in the hands of a legal representative, a decree can be executed against the property, if it is for the payment of money out of the property of the deceased and if the decree has been passed against the party as the legal representative of the deceased person.

In a situation where the property which is in the possession of the judgement-debtor came in the hands of the legal representative and it has not been duly applied by him, the court will enforce the execution of the decree against him as if the decree was to the extent passed against him personally.

section 53

The Section states that when a property is liable for payment of a debt of a deceased ancestor and it is in the hands of a son and descendant, then the property will be deemed to be of the deceased which has as his legal representative come into the hands of the son or other descendants.

section 54

When a decree has been passed for partition or for the separate possession of a share of an undivided estate for the payment of revenue to the government, this section comes into play. The partition of the estate or share needs to be made by the collector,  but if the collector denies making the partition of the revenue paying property, then the civil court can do so. To attract the provisions of this section, the plaintiff asking for the division of government revenue is not deemed as an essential condition.

Conclusion

It honestly seems from the above discussion, that execution manner enforcing or imposing or giving impact to an order or a judgment handed via way of means of the court of justice. The provisions contained in Order 21 covers exclusive styles of scenario and offer powerful treatments to the judgment-borrowers, claimant objectors and 1/3 events aside from the decree-holder. The Code looks after the rights of judgment-borrowers too.

Various modes of execution of a decree also are supplied via way of means of the Code which incorporates arrest, detention of the judgment-debtor, transport of possession, attachment of the property, via way of means of sale, partition, the appointment of receiver and charge of cash etc. Thus, the provisions are rendered powerful or able to giving remedy to an aggrieved party.

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