Execution of Decrees and Orders Order XXI CPC 1908

Описание: Application for execution
Who can apply: The decree-holder, a legal representative of a deceased decree-holder, or a transferee of the decree can apply for execution.
Against whom: Execution can be taken out against the judgment-debtor, their legal representatives, or a surety.
Manner of application (Rule 10): A written application must be filed in the court that passed the decree, unless it has been transferred to another court for execution. Oral applications are allowed only for immediate execution of money decrees.
Contents of application (Rule 11): The application must specify the suit number, names of the parties, date of the decree, and the specific mode of execution sought.
Courts for execution
Court that passed the decree (Section 38): The decree can be executed by the court that originally passed it.
Transferee court (Section 39): The decree-passing court can send the decree for execution to another court's jurisdiction if the judgment-debtor or their property is located there. The transferee court has the same powers to execute the decree as if it were its own.
Modes of execution (Section 51 and Order XXI)
Order XXI outlines the different ways a court can enforce its decree, including:
Delivery of property:
Movable property (Rule 31): The court can order the seizure and delivery of specific movable property.
Immovable property (Rule 35): The court can put the decree-holder in possession of the property, removing any person bound by the decree who refuses to vacate.
Attachment and sale of property:
Attachment (Rules 41–57): The court can attach the judgment-debtor's movable and immovable property, which prevents its alienation.
Sale (Rules 64–96): The attached property is sold, and the proceeds are used to satisfy the decree.
Arrest and detention (Rules 37–40): For money decrees, a judgment-debtor can be arrested and detained in civil prison if the court is satisfied that they have the means to pay but are refusing or neglecting to do so. There are protections against misuse of this power.
Appointment of a receiver: A court may appoint a receiver to manage and realize property for the benefit of the decree-holder.
Garnishee orders: These allow the decree-holder to seize money or property owed to the judgment-debtor by a third party.
Issues and objections in execution
Section 47 of the CPC states that all questions regarding the execution, discharge, or satisfaction of the decree between the parties must be decided by the executing court and not through a separate lawsuit. Third parties claiming interest in attached property can file objections which the court will address (Rules 58–63). If there is resistance to taking possession of property, the court will investigate and issue necessary orders based on complaints from the decree-holder or auction purchaser (Rules 97–103).
Stay of execution
A court can temporarily stay execution to allow the judgment-debtor to seek a stay from a higher court or pending a suit between the parties. An appeal itself does not stop execution; a stay must be granted by the appellate court or the court that passed the decree.