Execution of Decree

There are three phases to a lawsuit: filing, decision-making, and implementation. Execution refers to the final phase of a lawsuit, which is when it is really put into action. It is the responsibility of the party (judgment debtor) against whom the decree or judgment is passed to give effect to the decree in order for the decree-holder to benefit from the decision.

A judgment debtor is compelled to carry out the decree or order's instructions through execution. Giving effect to a court of justice's order or decision is known as execution. The execution is complete when the decree-holder receives the item granted to him by the judgment, decree, or order.

What is Execution?

Giving effect to a court order is essentially what is meant by execution. Therefore, execution is the last phase of any legal proceeding. Based on the decree holder's application, the court grants execution. A court's order of execution compels the judgment debtor to comply with the judgment and makes it possible for the judgment to be carried out. The Civil Procedure Code of 1908 contains laws that control execution in civil actions.

Illustration

B is found guilty after A files a lawsuit against him for Rs 10,000. A is the decree-holder in this case. B is the judgment debtor, and Rs 10,000 is the decreed amount or judgment debt. B is required to give A Rs. 10,000 because a decree was made against him. Consider a scenario in which B refuses to pay A the amount specified in the decree. In this case, A may be able to collect the specified sum from B by having the decree carried out through a legal process. Sections 36 to 74 (substantive law) and Order 21 of the Code address the concept controlling the execution of decrees and orders. (procedural law).

• In Ghan Shyam Das v. Anant Kumar Sinha, the Supreme Court discussed the articles of the code dealing to the execution of orders and decrees and declared that the Code has comprehensive provisions that address all issues pertaining to a decree's execute ability from all angles.

• The Court also noted that Order 21's multiple provisions address a wide range of circumstances and offer appropriate redress to judgment debtors, decree holders, and claimant objectors. The remedy is to file a conventional lawsuit in civil court in circumstances where provisions are unable to provide proper remedies and time for relief to a harmed party.

What is Decree?

A decree is the formal statement of an adjudication that, as far as the court is concerned, conclusively establishes the rights of the parties with regard to all or any of the issues at issue in the dispute and may be either preliminary or final.

Transfer of Decree for Execution

Decree can be transfer on −

• Suo moto or

• Application of decree holder.

Which Court may execute the Decree?

According to sec 38 of CPC 1908, the decree is executed either by the −

Court who passed the Decree

The court that issued the decree, which is now the court of first instance, may hear applications from the decree's holder there. The court that issued the decree, or the court of first instance, will carry it out if the decision was appealed and the appellate court upheld the decision.

Court to whom the Decree is sent for Execution

The court that made the decree may transfer it to another court for execution. What is done is −

• The decree holder may request that the decree be sent to another court for execution; however, this can only happen if one of the following requirements is met:

• If the judgment debtor lives or works in the district under the jurisdiction of the court where the decree is being executed,

• Whether the property belongs to the judgment debtor and is within the local scope of the court's jurisdiction

If selling an immovable property outside of the court's jurisdiction is necessary to satisfy the decree,

• Section 40 of the CPC, 1908, states that when a decree is sent to a different court (the transferee court) for execution, the transferee court must certify the transferor court (the court that passed the decree) as to whether the decree has been successfully executed and, if not, provide the transferor court with the reason for such failure.

Power to transfer the Decree

The authorities available to the court that receives the decree for execution are the same as those available to the transferee court, which is the court that issued the order. A few of these powers are −

• Power to transfer jurisdiction over the judgment.

• Power to punish anyone who obstructs the decree's execution.

• Power to direct attachment.

Conclusion

According to the explanation above, it is evident that execution is the procedure by which court-ordered judgments and orders are carried out so that the decree's holder may reap its benefits. When the judgment creditor or decree holder receives the money or other item that was granted to him by the judgment, decree, or order, the execution is considered to be complete.

Order 21 of the legislation contains detailed and exhaustive provisions for the execution of decrees and orders, deals with all types of situations, and offers effective remedies to all parties involved, including objectors and third parties in addition to the decree-holder and judgment-debtors.

FAQs

Q1. Who can apply for execution of decree?

Ans. Whoever is the decree holder and making a claim. In the event that the conditions below are met, the transferee of the decree holder Writing has been used to transfer the decree. The decree-passing court must have received the application for execution.

Q2. Who will file writ of execution?

Ans. When a creditor seeks to take property away from a debtor, they file a warrant of execution with the court. There must be some form of judgment rendered against the debtor for a creditor to be granted this authority. A creditor who has been granted a judgment may next request a warrant of execution against the debtor.

Q3. What is Rule 21 execution of decree?

Ans. Rule 21 of Order 21 CPC states that "the decree holders' right to execute a decree for the recovery of money in a particular mode is distinct from the executing court's power to refuse simultaneous execution of a decree by two modes."

Q4. What is the time period for execution of decree?

Ans. The maximum period of limitation for the execution of a decree or order is 12 years from the date when the decree or order became enforceable, which is usually the date of the decree or order.

Q5. What is execution of decree by Court in CPC?

Ans. Execution signifies the enforcement or giving effect to a judgment or order of a court of justice. Execution is the enforcement of decree & orders by the process of the court, to unable the decree holder to realize the fruits of the decree.