Latest News
Back
Execution of Decree
The proceedings consists of 3 stages, initiation of proceedings, judgement of proceedings, and implementation of proceedings. The last stage of proceedings, that is the implementation of proceedings is understood as an execution. Once a decree or judgement is gone by the court, it is the obligation of the person against whom the judgement is passed ( judgement debtor), to give effect to the decree thus on enabling the decree holder to relish the advantages of the judgment.
By execution, a judgement debtor is compelled to hold out the mandate of the decree or order. Execution implies giving effect to an order or judgement of a court of justice. once the decree or order is given effect, the execution is complete.
The term "Execution" is not outlined in CPC. The term execution means that implementing or imposing or giving effect to an order or a judgement gone by the court of justice. In simpler words, execution means that the method of imposing or giving effect to the decree or judgement of the court, by compelling the judgement debtor to hold out the mandate of the decree or order and change the decree holder to recover the thing granted to him by judgement.
Illustration: A files a suit against B for Rs. 50000 and obtains a decree against him. Here A would be referred to as the decree holder, B is the judgement debtor, the amount of Rs. 50000 is the judgement debt. B is certain to pay Rs. 50000 to A, because the decree is passed against him. Suppose B refuses to pay to A, A will recover the aforementioned amount by execution through the judicial method. The principles governing the execution of a decree or order are given in section 63 and Section 74 (substantive law) and order 21 of the code that provides for procedural law.
Courts which can execute decree:
Section 38 of the code states that a decree will be executed either by the court of the primary instance or by the court to that it has been sent for execution.
Section 37 of the code further establishes the scope of the expression "court that passed a decree" with the object of enabling a decree holder to recover. The court that fall inside the aforementioned expression are as follows:
- The court of the primary instance;
- The court that truly passed the decree just in case of appellate decree;
- The court that has jurisdiction to try the suit at the time of execution, if the court of initial instance ceased to exist;
The court that at the time of execution had jurisdiction to try the suit, if the court of initial instance has ceased to own jurisdiction to execute the decree.
Explanation of section clarifies that the court of initial instance shall have jurisdiction to execute a decree even in the case of any area being transferred from the jurisdiction of the court of initial instance to the jurisdiction of any other court. In such cases, the court to the jurisdiction of that such area has been transferred also will have jurisdiction to execute the decree, only if the aforementioned court had jurisdiction to do the aforementioned suit once the applying for execution was made.
Mode of execution of 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 set inside the jurisdiction of the court then it has the power to connect the property;
- By arrest and detention. but this mode must not be exercised without giving a reasonable chance to the judgement debtor in the form of a show cause notice on why he must not be imprisoned;
- If the other mode with the exception of those mentioned in clause (a) to (c) has to be utilized in the execution of a decree then clause (e) comes into play.
