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LeninRajasehae
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Execution, modes of Execution and Execution for payment of money

 Introduction

Execution literally means “Giving effect to or Carrying out”. Execution is the enforcement of
the decree and orders by the process of court, so as to enable the decree holder to recover the
fruits of the judgment.

 Modes of Execution
 Decree for payment of money

According to order 21 rule 30 of C.P.C, “Every Decree for the payment of money, including a
decree for the payment of money as the alternative to some other relief, may be executed,

 By detention in the Civil Prison of the judgment Debtor or,

 By the attachment and sale of his property, or
 By both.
 Decree for specific movable property

According to Order 21 rule 31 sub rule 1 of C.P.C, “Where the decree is for any specific
movable or for any share in specific movable property, it may be executed,

 By the seizure if practicable, of movable or share and

 By the delivery thereof to the party to whom it has been adjudged, or as to such person as
he appoints to receive delivery on his behalf, or
 By the detention in the Civil Prison of the Judgment Debtor, or
 By the Attachment of this property, or
 By both (Prison & attachment of Property)

 Decree foe specific performance for restitution of conjugal rights or for an

injunction

According to Order (21) rule (32) of C.P.C, “Where the party against whom a decree for the
specific performance of a contract, or for restitution of conjugal rights or for an injunction, stay
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has been passed, has had an opportunity of obeying the decree and if he has willfully failed to
obey it, the decree may be enforced, in the case of a decree for restitution of conjugal rights,

 By the attachment of his property, or in the case of a decree for specific performance of a
contract or for an injunction
 .By his detention in Civil Prison, or
 By his detention in Civil Prison, or
 By the attachment of his property, or
 By both
 Decree for immovable property

According to Order 21 rule 35 sub-rule-1 of C.P.C, “Where a decree is for the delivery of an
immovable property, possession, thereof shall be delivered to the party to whom it has been
adjudged, or to such person as he may appoint to receive delivery on his behalf and if necessary,

 By removing / dispossessing any person bound by the decree who refuses to vacate the
property.
 Execution on payment of money
 By attachment and sale of property under Sec 51(b) CPC
 By arrest and detention of Judgment debtor Sec 51(C) CPC
 Conclusion

In the conclusion we can say that execution means the process by which a decree is adjusted or
satisfied.