Civil Procedure Code - Modes of Execution of Decree

First, what does execution even mean ?

In simplest term, it means enforcement of what is asked in a decree. 

Decree is defined in Section 2(2). Decree determines the rights of the parties with regard to all or any of the matter in controversy in the suit.

Once decree decides some right, that right should actually accrue to a person in whose favor decree is passed. i.e Decree holder. Execution enforces such decision and give the decree holder what he deserve as per decree.

Summary of Execution of Decree

Part II and Order 21 comprehensively deals with execution of decree. Part II contains 39 section whereas Order 21 contains 106 Rules. This is altogether like one Act. Like Execution of Decree Act..!! 

 Important things under this are summarized as below:

Now let's understand the modes of execution

Section 51- Powers of court to enforce the execution

It talks about the execution. It provides for methods which court can use to enforce the decree.

 Below are thing which court can do to enforce the decree or to carry out the execution

Mode when decree contains payment of money 

Payment of money can be enforce in below way:

When decree is for movable property ?

What is movable/immovable should be understood from Transfer of Property Act, 1882. 

When decree is related to movable property, the execution of such decree can be carried out in four different ways. This is provided in Order 21, Rule 31.

When decree is for immovable property ?

Their is only one way to enforce such decree. Possession!!

Possession could be single. Or joint possession. In case it is joint possession we should let know other person that we are going to be with him.

 R 36 Provides that when property in question is with tenants, we should let them know about the decree and possession.

 When decree is for restitution of conjugal rights/injunction?

Suppose Harry and Sajal are married. They fought over "who should switch off cylinder before sleeping". Now they are staying separate. Harry went to court for decree of restitution of conjugal rights. How such decree should be enforce ?

Or if court have passed decree of injunction, how such decree should be enforce ?

Well, Order 21, Rule 31 to the rescue

When decree is against corporation ?

Corporation is legal fiction. It's not real person. So how should the decree be enforce.

Generally directors/board members are taken into detention. Also property of firm is attached to execute such decrees.

When decree is for execution of document ?

If court asks to execute a document to judgment debtor, and judgment debtor resist such execution. Rule 34 provides for execution of document decree.

 Below are steps by which document is executed.

When decree is for endorsement of negotiable instrument ?

This is executed similar to execution of document.

 

Wait..wait.. Modes of execution is not finished yet

Execution includes execution of Cross decrees, attachment, sale, detention. Act provides in detail about those things.

We will post individual blogs for each of those topics.

Legalfundaa

Comments

  1. Narendra SrivastavaAugust 28, 2020 at 12:27 PM

    Very informative.

    ReplyDelete
  2. UnknownSeptember 10, 2020 at 9:40 AM

    Plz upload videos of full execution

    ReplyDelete
    Replies
    1. Legal FundaaSeptember 10, 2020 at 9:24 PM

      You can find related videos here.

      https://www.youtube.com/watch?v=ZC_9qfQm_QQ&list=PLpb7F_cxTWCy5DhpVQLcudGJP-oQAXhRP

      Delete

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