Execution petition is the lrocess for enforcing the decree that is passed in favour of the decree holder by a competent court / procees for executing the decree or order obtained by a court.
Steps to file an execution petition are as under –
STEP 1 FILLING OF APPLICATION
- Where a decree need to be executed an application is placed before the executing court. The application must be in writing form, signed and verified by the decree holder or any other person who is authorized.
- The application must be accompanied by name of the parties, case number, date of the decree, amount so decided and certified copy of decree.
STEP 2 EXAMINATION OF APPLICATION BY COURT
- When a court receive an application, it is the duty of court to see that the application so filed comply with rules 11-14 of Order XXI
STEP 3 ADMISSION OF APPLICATION
- The court may admit the application if it complies with the Rules 11-14 and other conditions required by law. If it lacks anything, the court may return the application and see into the defects.
STEP 4 HEARING OF APPLICATION
- Under rules 105-106 of Order XXI, the court may hear the grievances related to execution .The convenient mode to execute is chosen.
STEP 5 ISSUANCE OF NOTICE TO EXECUTE
- The notices are issued under Rule 22 to show cause if
- Execution is filed after 2 years of actual decree
- Execution is made against legal representatives
- Execution is to be made in case of reciprocating territory
- Execution is to be made against insolvent person
- Execution is to be made against surety
- Execution is to be made by assignee or transferee of decree holder
- Execution is of money decree and arrest is to be made for the purpose.
STEP 6 DECIDING THE MODE
- The decree holder is allowed to choose the mode to execute if no mode has been expressly put forth in the decree. The court has to choose from the following modes to execute:
- Sale and attachment
- Attachment without sale
- Arrest and detention
- Appointment of receiver
- Any other available mode
STEP 7 STAY ON DECREE
If the judgment debtor shows a reasonable ground to stay execution of a decree under rule 26, the execution is stayed. The reasonable ground includes an appeal to higher court or at times an error on face of decree.
STEP 8 ISSUANCE OF ORDER TO EXECUTE THE DECREE
- any application by a party to set aside or reverse the decision of the subordinate court
- An appeal in the form of a memorandum (a document recording the terms of a contract or other legal details.)
- contents are the formal part, material part and relief
- It may be rejected