Modes of Execution of Decree:

Enforcement Against Legal Representatives:

When during proceedings the death of party occurred then such party is represented in
the Court by the legal representative.
For instance, a decree is passed by the Court and during this judgement debtor dies.
Now the decree holder will give application for execution of decree. Here decree will be
executed against the legal representative of the judgement debtor.
Declaratory Suit:
Here first of all declaratory suit will be filed. The Court will declare the status of party.
And then the decree will be executed against legal representatives.
Ancestral Property:
Ancestral property means inherited property that a person gets from his relation in
family. The legal heirs are legal liable to the extent of shares they are entitled from
property of elders.
For example:
A decree is executed against legal representatives which is of payment of money. All will
be liable to pay amount according to their shares.
Partition:
The partition of property is the discretion of Revenue authority. For partition you have
given an application under section 135 Land Revenue Act to ACR (Assistant
Commissioner Revenue). The Court can only declare the shares.
But in case of execution of decree, the revenue authority cannot ask you to sell property
for the payment of money. The Civil Court can ask you to sell the property for payment
of money. And the Court will order for sale of such property.
Subsistence Allowance:
The Provincial Government may fix scales according to the rank, race and nationality, of
monthly allowance payable for the subsistence of judgement debtor.
Let suppose if person has only income from his salary through which he bear his family
expenses then in such case the Court cannot attach his whole salary. The Court cannot
attach all property of judgement debtor due to which he is affected.
Arrest And Detention:
While executing the decree if judgement debtor is either distracting government
officials or becomes absconder then in such cases he may be arrested by Civil Court at
any time during process of decree. As normally Civil Court do not arrest but it can arrest.
The Civil Court will issue notice to judgment debtor to appear before Court. If he is not
appearing then he will be arrested.
Time Period:
The Civil Court may arrest the judgement debtor during executing of decree. And he
may suffer simple imprisonment for a term not exceeding one year.
Release:
The judgment debtor once arrested would be released on,
 When decree is fully satisfied, let if decree is of payment of money then he shall
be released at once after the payment of whole amount either himself or by
anyone on his behalf.
 Or on whose application, he was arrested, so requested the Court for release.
 On the grounds of illness.
Unless without the order of Court he can’t be released.
Once the judgement debtor released it does not mean that he is also released from his
liability of executing the decree. Although he shall not be liable to be re-arrested.
Exceptions:
There are few exceptions while making arrest by Civil Court during executing decree,
 Women are exempted from arrest in decree of payment of money. (section 56
CPC)
 Minors are exempted.
 Aged men are exempted.
Rules while Making Arrest:
While making arrest the following rules must not be violated by authorizing authority,
 They will not enter to dwelling house for arrest before sunrise and after sunset.
 They are not authorized to break outer doors in order to make entry unless
judgement debtor refuse or in any way prevent thereto.
 When woman is in dwelling house then before making entry in it, notice shall be
served to that woman and reasonable time shall be given to her that she make
 sure her safety. Then authorized officers may enter into that place for purpose of
arrest.
Attachment of Property:
Attachment is a legal process which means to notify the judgement debtor not to
alienate such property. And thus if necessary the Court sell it, for the purpose of
payment of debts. Here the owner ceased the right of alienation.
In process of execution of decree, the decree holder may apply to the Court for an order
to attach the property of the judgement debtor in order to satisfy the decree. The Court
then order for attachment of property of judgement debtor. The purpose of attachment
is to compel him to obey the Court.
For Example:
Let if decree is of payment of money then judgment debtor refuse that he has nothing
to pay. Then decree holder will apply for an order of attachment and tell the Court he
has that property etc. which will be then examined by Court and thus order for the
attachment of it.
Attachable Property:
 Lands.
 Houses.
 Other buildings.
 Goods.
 Money, debts.
 Bank notes, cheques.
 Bills of exchange.
 Government securities, bonds or other securities and bonds.
 Shares in corporation.
 Both movable and immovable property.
These are attachable property which later the Court order for the sale if thinks
necessary.
Non-Attachable Property:
 Wearing apparel.
 Cooking vessels.
 Beds.
 Personal ornaments that are used in daily life and ornaments of religious usage.
 Tools of artisans if judgement debtor is agriculturist, i.e, seeds-grains, cattles
etc.
 Dwelling houses.
  Buildings etc used for agriculture purpose.
 Pensions etc through which he bear family expenses.
These are non-attachable property as the Court may enable him to earn his livelihood.
Attachment of Movable Property:
When the attachment property is movable then authorized person will take such
property into his custody or will give in custody of his subordinate. The officer shall be
responsible for due custody of such property.
Exception:
If seizing property is of nature that the expenses in keeping it, is likely to exceed its
value then the seizing officer may sell it at once.
Attachment of Agricultural Produce:
In this case a warrant of attachment shall be affixed on conspicuous place where such
agricultural produce are being kept and one copy on the outer door.
If such agricultural produce is growing crops then a warrant of attachment will be affixed
at that place.
Attachment of Immovable Property:
In case of immovable property a copy of order of Court shall be affixed on that property
and also judgement debtor shall be notified from alienation of that property.
Attachment of Salary, Rents etc:
In such cases the Court appoint receiver which collect such rents etc. And are deposited
in bank account opened for this purpose.
Attachment of Partnership Property:
While executing decree, partnership property is not attached unless the decree is
against such firm or company. However, the benefits of judgement debtor from such
property can be attached.
Sale of Property:
If judgement debtor is not cooperating in proceedings of execution of decree, then the
Court may order for the sale of attached property in order to satisfy the decree. Firstly
the Court through Revenue Authority attach his property. The purpose of attachment of
property is to compel the judgment debtor to face litigation.
If still judgement debtor is not cooperating in execution of decree then the Court order
for the sale of his property to satisfy the decree.
The Court sale that property through public auction. The public auction is either
conducted by Court itself or authorize any office for doing so.
Procedure of Sale:
The Court orders for sale of property. Judgement debtor will give consent in writing. A
public auction will be conducted either by Court or through authorized officer. The
purchaser then pay the money which will be given by Court to the decree holder in
order to execute the decree.
Time of payment of Money:
Movable Property (within 15 days after public auction)
Immovable Property (within 30 days after public auction)
Default in Payment:
In case of default in payment by the purchaser the Court if thinks fit, will order for re-
sale of that property. And the property will be re-sale.
Here defaulter (previous purchaser) shall forfeit to all the rights to that property.