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execution

The document outlines the procedures for the institution, adjudication, and implementation of civil litigation under the CPC, detailing sections and orders related to each phase. It defines 'execution' as the enforcement of court judgments and describes various methods for executing decrees, including property delivery, attachment, and detention. Additionally, it specifies the powers of the court in executing decrees and the conditions under which execution can occur against judgment debtors and legal representatives.

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Ranveer Dehal
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8 views

execution

The document outlines the procedures for the institution, adjudication, and implementation of civil litigation under the CPC, detailing sections and orders related to each phase. It defines 'execution' as the enforcement of court judgments and describes various methods for executing decrees, including property delivery, attachment, and detention. Additionally, it specifies the powers of the court in executing decrees and the conditions under which execution can occur against judgment debtors and legal representatives.

Uploaded by

Ranveer Dehal
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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CPC

1.Institution of litigation.
(civil nature sec 9/10/11/15-26/order1
parties/2/3/4/6/7/8)

2.Adjudication of litigation.
(Sec 27-35, order 5, 9 to 20, sec 96 to 108,113 to 115,
order 41,42,43,46,47)

3.Implementation of litigation.
(sec 36 to 74 order 21)
EXECUTION: MEANING

The term “execution” has not been defined in the code. The
expression “execution” means enforcement or implementation
or giving an effect to the order or judgement passed by the
court of justice.
[ii] Simply “execution” means the process for enforcing or giving
effect to the judgement of the court.
[iii] Execution is the enforcement of decrees and orders by the
process of court, so as to enable the decree-holder to realise the
fruits of the decree.
The execution is complete when the judgement-creditor or
decree-holder gets money or other thing awarded to him by the
judgement, decree or order.
•A court may order for execution of decree on the application of
decree on the application of decree holder

(a) by delivery of any property which was in possession of


judgement-debtor and decree has been specifically passed
concerning such property

(b) by attachment and sell of the property of the judgement-


debtor

(c) by arrest and detention (civil imprisonment)

(d) by appointing a receiver

(e) in such other manner which depends upon nature of relief


granted by the court.
PROCEDURE IN EXECUTION:

PART II : EXECUTION
1.General 31-32

2.Courts by which decrees may be executed 38-46

3.Question to be determined by Court executing decree47-48

4.Transferees and legal representatives 49-50

5.Procedure in execution51-54

6.Arrest and detention 55 59

7.Attachment 60-64

8.Sale 65-67
51. Powers of court to enforce execution.- Subject to
such conditions and limitations as may be prescribed,
the court may, on the application of the decree holder,
order execution of the decree—
(a) by delivery of any property specifically decreed;
(b) by attachment and sale or by sale without
attachment of any property;
(c) by arrest and detention in prison for such period not
exceeding the period specified in section 58, where
arrest and detention is permissible under that section;
(d) by appointing a receiver; or
(e) in such other manner as the nature of the relief
granted may require:
Provided that, where the decree is for the payment of money, execution by
detention in prison shall not be ordered unless, after giving the judgment
debtor an opportunity of showing cause why he should not be committed to
prison, the court, for reasons recorded in writing, is satisfied—
(a) that the judgment debtor, with the object or effect of obstructing or
delaying the execution of the decree,—
(i) is likely to abscond or leave the local limits of the jurisdiction of the Court.
or
(ii) has, after the institution of the suit in which the decree was passed,
dishonestly transferred, concealed, or removed any part of his property, or
committed any other act of bad faith in relation to his property, or
(b) that the judgment debtor has, or has had since the date of the decree, the
means to pay the amount of the decree or some substantial part thereof and
refuses or neglects or has refused or neglected to pay the same, or
(c) that the decree is for a sum for which the judgment debtor was bound in a
fiduciary capacity to account.
Explanation : In the calculation of the means of the judgment debtor for the
purposes of clause (b), there shall be left out of account any property which,
by or under any law or custom having the force of law for the time being in
force, is exempt from attachment in execution of the decree.
52. Enforcement of decree against legal
representative.- (1) Where a decree is passed against a
party as the legal representative of a deceased person,
and the decree is for the payment of money out of the
property of the deceased, it may be executed by the
attachment and sale of any such property.
(2) Where no such property remains in the possession
of the judgment debtor and he fails to satisfy the court
that he has duly applied such property of the deceased
as is proved to have come into his possession, the
decree may be executed against the judgment debtor
to the extent of the property in respect of which he has
failed so to satisfy the court in the same manner as if
the decree had been against him personally.
54. Partition of estate or separation of shares.-
Where the decree is for the partition of an
undivided estate assessed to the payment of
revenue to the Government, or for the separate
possession of a share of such an estate, the
partition of the estate or the separation of the
share shall be made by the Collector or any
gazetted subordinate of the Collector deputed
by him in this behalf, in accordance with the law
(if any) for the time being in force relating to the
partition, or the separate possession of shares,
of such estates.

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