Modes Of Execution Of A Decree

Coverage of this Article

KEY TAKEAWAYS

-The three stages of litigation are the filing of a lawsuit, adjudication of the lawsuit, and execution of the lawsuit.

INTRODUCTION

-The term "execution" refers to carrying out, enforcing, or giving effect to a court of justice order or verdict. In layman's terms, "execution" refers to the process of executing or giving effect to a court's decree or judgement by requiring the judgment-debtor to carry out the decree or order's command and allowing the decree-holder to reclaim the object awarded to him by judgement. 

FURTHER DETAILS

-Once a court issues a decree or judgement, it is the responsibility of the person against whom the particular judgement was issued (judgment-debtor) to give effect to the decree so that the decree-holder can profit from the decision.

RELEVANT SECTIONS

Section 51 of CPC- Court's Powers to Enforce Execution

-by delivery of any property explicitly decreed.

Section 47 of CPC requires the Court to answer certain questions before issuing the decision.

-The decree's execution; the decree's satisfaction; the decree's discharge.

The Court can also assess whether or not the individual is a party's representation.

Section 39 CPC

-The rules for transferring a decree to another court for execution are found in Section 39 of the Code of Civil Procedure. Following the application of the decree-holders, the Court might transfer the decree to another Court of competent authority.

Sec 40 CPC

-The Court may transfer the matter to competent courts in another state under Section 40 of the Code of Civil Procedure.

Section 42 CPC

-According to Section 42 of the Code of Civil Procedure, the court to which the decree is transferred for execution has the same authority as if the decree had been issued by that court.

CASE LAWS

Ghan Shyam Das v. Anant Kumar Sinha, 1991 AIR 2251, 1991 SCR Supl. (1) 119

-The Supreme Court addressed the provisions of the Code pertaining to the execution of orders and decrees in Ghan Shyam Das v. Anant Kumar Sinha, stating that the Code has extensive provisions that deal with all concerns surrounding the executability of a decree in all aspects.

Shyam Singh vs. Collector, 1992, 1993 (2) BLJR 1171, 1993 76 CompCas 525 SC, 1992 (2) SCALE 692, 1993 Supp (1) SCC 693, 1992 Supp 1 SCR 862

-According to the decision in Shyam Singh vs. Collector, District Hamirpur, a decree holder has the option of choosing a specific mechanism for carrying out and enforcing a decree in his favour. It is up to him to choose which of the several modalities he will use to carry out his edict.

Prem Lata Agarwal vs Lakshman Prasad Gupta & Ors, 1970, 1970 AIR 1525, 1971 SCR (1) 364

-In Prem Lata Agarwal vs Lakshman Prasad Gupta & Ors, the court held that, "Simultaneous execution proceeding in more than one place is possible but the power shall be used in a restricted manner in exceptional cases by imposing proper terms” so that the judgement debtors do not face any hardship because several executions are being allowed to be proceeded with at the same time. As a result, concurrent execution procedures are neither unlawful nor without jurisdiction.

MODES OF EXECUTION

-The property can be seized and delivered.

CONCLUSION

-Execution signifies the carrying out, enforcing, or giving effect to a court of justice order or verdict. Order 21 of CPC contains rules that apply to a variety of situations and gives appropriate remedies to judgement debtors, claimant objectors, and other parties other than the decree-holder.

KEY TAKEAWAYS

• The three stages of litigation are the filing of a lawsuit, adjudication of the lawsuit, and execution of the lawsuit.
• Execution is the last and final step of litigation, which is when the case is put into action.
• A judgment-debtor is obliged to carry out the decree or order's requirement via execution.
• The execution is complete when the decree-holder receives the object awarded to him by judgement, decree, or order.

INTRODUCTION

The term "execution" refers to carrying out, enforcing, or giving effect to a court of justice order or verdict. In layman's terms, "execution" refers to the process of executing or giving effect to a court's decree or judgement by requiring the judgment-debtor to carry out the decree or order's command and allowing the decree-holder to reclaim the object awarded to him by judgement. The same rules that apply to deeds apply to decrees. Following the execution of the decrees, remedy is sought. The implementation of decrees is a necessary phase in the entire process. The procedure should be followed attentively in order to offer sufficient relief to the injured individual, and the procedure should make the proceedings effective and quick. The execution of decisions and orders is dealt with under Order XXI of the Code of Civil Procedure. The decree is the part or element of the judgement that works or operates, and it must be consistent with the judgement. The decree is followed by judgement, according to Section 33 of the CPC of 1908.

FURTHER DETAILS

Once a court issues a decree or judgement, it is the responsibility of the person against whom the particular judgement was issued (judgment-debtor) to give effect to the decree so that the decree-holder can profit from the decision. Giving effect to a court of justice's order or verdict is referred to as execution. When the decree-holder obtains the object awarded to him by judgement, decree, or order, the execution is complete.

A decree can be executed by-

• By delivering any property explicitly decreed,

1. By attaching the property and selling it, or by selling it without attaching it.
2. Through imprisonment and arrest.
3. By selecting someone to be the receiver.
4. By causing a divide.
5. In any way that the nature of the relief necessitates.

In the Code of Civil Procedure, the term "execution" is not defined. The term "execution" simply refers to the practice of implementing or giving effect to a court's decision. Sections 36 through 74 of the Civil Procedure Code, as well as Order 21, deal with the principles that regulate the implementation of decrees and orders.

The following is a list of Order 21's classifications:

• The applications that will be executed and the process that will be used.
• No executions will be carried out.
• The manner in which the executions are carried out.
• The sale of both immovable and moveable property.
• Claims and objections are adjudicated.
• Possession delivery and resistance.

RELEVANT SECTIONS

Section 51 of CPC- Court's Powers to Enforce Execution

On the application of the decree-holder, the Court may direct execution of the decree—

(a) by delivery of any property explicitly decreed.

(b) by the delivery of any specific property specifically decreed.

(c) by attaching property and selling it, or by selling it without attaching it.

(d) by arrest and imprisonment in jail for a term not exceeding that stated in section 58 of CPC if arrest and detention is permitted under that section by appointing a receiver; or by appointing a receiver.

(e) in any other manner required by the circumstances of the relief granted

Section 47 of CPC requires the Court to answer certain questions before issuing the decision.

All matters arising between the parties to the litigation must be decided by the Court, including:

1. The decree's execution; the decree's satisfaction; the decree's discharge.
2. The Court can also assess whether or not the individual is a party's representation.
3. The decree-holder must file an application for execution, which can be either an oral or written application.

Section 38 of the CPC says the following courts are authorized to carry out the decree:

• The court that passed it.
• The court to which it will be executed.

Section 39 CPC

The rules for transferring a decree to another court for execution are found in Section 39 of the Code of Civil Procedure. Following the application of the decree-holders, the Court might transfer the decree to another Court of competent authority.

Sec 40 CPC

The Court may transfer the matter to competent courts in another state under Section 40 of the Code of Civil Procedure.

Section 42 CPC

According to Section 42 of the Code of Civil Procedure, the court to which the decree is transferred for execution has the same authority as if the decree had been issued by that court.

CASE LAWS

Ghan Shyam Das v. Anant Kumar Sinha, 1991 AIR 2251, 1991 SCR Supl. (1) 119

The Supreme Court addressed the provisions of the Code pertaining to the execution of orders and decrees in Ghan Shyam Das v. Anant Kumar Sinha, stating that the Code has extensive provisions that deal with all concerns surrounding the executability of a decree in all aspects.

The Court also pointed out that Order 21 has multiple provisions that address a variety of scenarios by giving efficient remedies to judgement debtors, decree holders, and claimant objectors. In circumstances when the provisions are incapable of providing reasonable redress and adequate time to an aggrieved party, filing a conventional civil court litigation is the option.

Shyam Singh vs. Collector, 1992, 1993 (2) BLJR 1171, 1993 76 CompCas 525 SC, 1992 (2) SCALE 692, 1993 Supp (1) SCC 693, 1992 Supp 1 SCR 862

According to the decision in Shyam Singh vs. Collector, District Hamirpur, a decree holder has the option of choosing a specific mechanism for carrying out and enforcing a decree in his favour. It is up to him to choose which of the several modalities he will use to carry out his edict.

Prem Lata Agarwal vs Lakshman Prasad Gupta & Ors, 1970, 1970 AIR 1525, 1971 SCR (1) 364

In Prem Lata Agarwal vs Lakshman Prasad Gupta & Ors, the court held that, "Simultaneous execution proceeding in more than one place is possible but the power shall be used in a restricted manner in exceptional cases by imposing proper terms” so that the judgement debtors do not face any hardship because several executions are being allowed to be proceeded with at the same time. As a result, concurrent execution procedures are neither unlawful nor without jurisdiction.

MODES OF EXECUTION

1.Specific Movable Property: When a decree is issued for a specific movable property, the decree can be carried out in one of the following ways:

(a) The property can be seized and delivered.

(b) By holding the judgement debtor in custody.

(c) By affixing the property appropriately.

(d) Through both attachment and detention.

Money is not included in the definition of moveable property, and therefore, is subject to a different procedure.

2.Money Decree: A money decree requires the payment of money, and the required manner of execution includes notifying the judgement debtor, attaching, and selling his movable and immovable property. In the exercise of its jurisdiction, the executing court has the authority to order the arrest and incarceration of the judgement debtor.

3.Document and Negotiable Instruments: If the decree is for the execution of a document, the judgement debtor must sign such documents as part of the execution procedure. When a judgement debtor fails or refuses to follow or comply with the decree, the court must make a draft of the document in line with the decree's requirements and execute it after providing the decree holder and the judgement debtor a chance to do so. Such a document will have the same effect as if it were signed by the party himself.

4.Immovable Property: This is a type of property that cannot be moved. A court that is enforcing a decree has the authority to seize and sell property or portions of property that are adequate to fulfill the order. The first step after such an attachment is to issue a declaration of sale. After both parties have been given notice, a proclamation will be drafted.

5.Arrest and Detention: The decree holder can request that the decree be implemented by arresting and detaining the judgement debtor in the execution application. If such a request is made in an execution application, the court will instead issue a notice instructing the judgement debtor to come before the court on a certain day and show cause why he should not be put to civil jail. If the court is convinced, by affidavit or otherwise, that giving such notice will cause a delay in the execution process or that the judgement debtor is likely to abscond or leave the court's jurisdiction, the notice will not be required. A warrant for arrest will be issued if the notice is not followed. Such a warrant may order that the individual be summoned before the court until the stipulated amount is paid.

CONCLUSION

Execution signifies the carrying out, enforcing, or giving effect to a court of justice order or verdict. Order 21 of CPC contains rules that apply to a variety of situations and gives appropriate remedies to judgement debtors, claimant objectors, and other parties other than the decree-holder.

When a person receives a court order against another individual, the following step is to have the order fulfilled. Execution proceedings are the means by which he petitions the court for the satisfaction of a decree. The method via which a decree holder binds the judgment debtor to carry out the decree’s or order's direction, as the case may be. It allows the decree holder to recoup the judgment's results. When the judgement creditor or decree-holder receives money or other property as a result of the judgement, decree, or order, the execution is complete.

As a result, the provisions become effective or capable of providing redress to a person that has been wronged.