Limitation for several applications during

executions

INTRODUCTION

Execution is the last stage of any civil litigation. There are three

stages in litigation- a. Institution of litigation, b. Adjudication of

litigation, c. Implementation of litigation. Implementation of litigation

is also known as execution.

Decree means operation or conclusiveness of judgment. A decree

will be executed by the court which has passed the judgment. In

exceptional circumstances, the judgment will be implemented by

other court which is having competency in that regard. Execution

enables the decree-holder to recover the fruits of the judgment.

EXECUTION- MEANING :-

The term “execution” has not been defined in the code. The

expression “execution” simply means the process for enforcing or

giving effect to the judgment of the court.

The principles governing execution of decree and orders are

dealt with in Sections 36 to 74 and Order 21 of the Civil Procedure

Code. Hon'ble Apex Court in Ghanshyam Das v. Anant Kumar Sinha

(AIR 1991 SC 2251) dealing with provision of the code relating to

execution of decree and orders, observed in following words -

“ so far as the question of executability of a decree is concerned,

the Civil Procedure Code contains elaborate and exhaustive

provisions for dealing with it in all aspects. The numerous rules

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of Order 21 of the code take care of different situations

providing effective remedies not only to judgmentdebtors

and decree-holders but also to claimant objectors, as the case

may be.”

Execution is the enforcement of a decree by a judicial process

which enables the decree-holder to realize the fruits of the decree and

judgment passed by the competent Court in his favour.

The execution is complete when the decree-holder gets money or

other thing awarded to him by the judgment, decree or order of the

Court.

Order XXI of the CPC is the lengthiest order provides detailed

provisions for making an application for execution and the manner

that, how they are to be entertained, dealt with and decided.

Execution is the enforcement of a decree by a judicial process

which enables the decree holder to realize the fruits of the decree

passed by the competent Court in

his favour.

All proceedings in execution commence with the filing of an

application for execution. Such application should be made to the

Court who passed the decree or where the decree has been

transferred to another Court, to that Court. Once an application for

Execution of decree is received by the Court, it will examine whether

the application complies with the requirements of Rules (11 to 14). If

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they complied with, the Court must admit and register the

application.

Application for Execution of decree :-

All proceedings in Execution commence with the filing of an

application for Execution. Following persons may file an application

for

Execution:

 Decree- holder

 Legal representative of the decree holder

 Representative of a person claiming under the decree-holder

 Transferee of the decree-holder, in some cases.

Court which may execute a decree. :-

Section 38 of the Code specifies that, a decree may be executed

either by the Court who passed it or by the Court to which it is sent

for execution.

Section 37 defines the expression ‘Court which passed a decree’

while sections 39 to 45 provide for the transfer for execution of a

decree by the Court which passed the decree to another Court, lay

down conditions for such transfer and also deal with powers of

executing Court.

U/s. 37 the expression Court which passed the decree is

explained. Primarily the Court which passed the decree or order is the

executing Court.

If order or decree is appealed against and the appellate Court

passes a decree or order, even then the original Court which passed

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the decree or order continues to be treated as Court which passed

decree. The Court which has passed the decree or order ceased to

exist or ceased to have jurisdiction to execute the decree already

passed, then the Court which will be having a jurisdiction upon that

subject matter, when application of execution is made will be the

competent Court to execute the decree.

Merely because the jurisdiction of the Court which has passed

the decree is transfer to another Court due to transfer of territorial

area, the jurisdiction to execute the decree passed by such a Court is

not ceased.

However, the Court to whom the transfer of territorial area is

made, will also have a jurisdiction to conduct the execution of decree

or order.

Sec. 38 contemplates that a decree may be executed either by

the Court which passed it, or by the Court which it is sent for

execution. However the execution on judgment debtor is criteria of

executing Court of territorial jurisdiction.

MODES FOR EXECUTION:

Section 51 to 54 describe procedure in execution or mode for

execution.

Mode of executing decree under section 51:

(a) By delivery of any property specifically decreed. Property may be

movable or immovable

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(b) By attachment and sale of the property or by sale without

attachment of the property.

(c) by arrest and detention.

(d) by appointing a receiver.

(e) is the residuary clause and comes into play only when the decree

cannot be executed in any of the modes prescribed under clause

(a) to (d).

Important aspects to be taken care while dealing with

limitations in executions

Order 21 Rule 95 of CPC deals with deliver of property in

occupancy of judgment debtor –

Where the immovable property sold is in the occupancy of the

Judgment debtor or of some person on his behalf or of some person

claiming under a title created by the judgment-debtor subsequently to

the attachment of such property and a certificate in respect thereof

has been granted under Rule 94, the Court shall, on the application

of the purchaser, order delivery to be made by putting such

purchaser or any person whom he may appoint to receive delivery on

his behalf in possession of the property, and, if need be, by removing

any person who refuses to vacate the same.

For such delivery of possession by the court option purchaser

under Order 21 Rule 95 of CPC can file a petition within one year

from the date of conformation of sale.

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Order 21 Rule 32 of CPC deals with decree of specific

performances for restitution of conjugal rights or for an

injunction.

Where the party against to whom a decree for the specific

performance of a contract or for restitution of conjugal rights or for an

injunction has been passed, has had an opportunity of obeying the

decree and has willfully failed to obey it the decree may be enforced in

the case of the decree of restitution of conjugal rights by the

attachment of his property or in case of a decree for the specific

performance of a contract or for an injunction by his detention in civil

prison or by the attachment of his property or by both.

For enforcement of a decree granting mandatory injunction the

party can file a petition within three years from the date of a decree or

date of fixed for performance. The same is laid down in article 135 of

Limitation Act.

Article 136 : (Art.182 of Act of 1908)

The period of limitation for an application for the execution of

any decree (other than a decree granting a mandatory injunction) or

order of any Civil Court is twelve years and the time of limitation

starts to run from the date when the decree or order becomes

enforceable or where the decree or any subsequent order directs any

payment of money or the delivery of any property to be made at a

certain date or at recurring periods, when default in making the

payment or delivery in respect of which execution is sought, take

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place : provided that an application for the enforcement or execution

of a decree granting a perpetual injunction shall not be subject to any

period of limitation.

Article 136 governs the execution of the decree or order of Civil Court

other than a decree for mandatory injunction. The executing Court

must execute the decree according to its terms except when there is

the statutory limitation to execute it.

In Giridharila Vs. Thakurdas, (AIR 1964 Ori. 170), it has been

held that the initial onus is upon the decree-holder to show that the

execution is within time. Where the application for execution is prima

facie not barred by limitation it is for the judgment-debtor to show

that the execution is time-barred.

The modes in which the Court can give relief in execution are set

forth in Order XXI of the Civil Procedure Code. The period of

limitation provided by the Art.136 is ordinarily an application for

execution contemplated by Order XXI, Rule 11 of Civil Procedure

Code. An application under Order XXI, Rule 34 or Rule 50 of the Civil

Procedure Code is also covered by the Article 136.

In Uma Shanka Vs. Kanodia Brothers, (AIR 1966 All. 499). It has

been held that an application under Order Rule 50 (2) of the Civil

Procedure Code for leave to execute a decree against a partnership

firm as against a partner has been held to be ancillary to the

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application for execution and has to be filed within the period

prescribed under the Art.136.

To record an adjustment or satisfaction of a decree under Order

21 Rule 2 CPC :-

Where any money payable under a decree of any kind is paid out

of the court or a decree of any kind was otherwise adjusted in whole

or in part to the satisfaction of the Decree holder, the decree-holder

shall certify such payment or adjustment to the court whose duty it is

to execute the decree and the court shall record the same accordingly.

The petition should be filed within 30 days from the date of

payment or adjustment under Article 125 of Limitation Act. The

period of limitation for an application to record an adjustment or

satisfaction of a decree is thirty days and the time of limitation starts

to run from the date when the payment or adjustment is made.

The Article 125 would apply to adjustment or satisfaction of all

kinds of decrees, irrespective of their nature or class. The application

referred to in this article is an application under Order XXI, Rule 2 (2)

of the Civil Procedure Code made by the judgment – debtor.

This Article has no application where the decree holder takes

steps under Order XXI Rule 2 (1) to report satisfaction suo motu. The

decree holder may apply for certification before the executing Court

within a reasonable time so that it may be recorded by the executing

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Court. When the decree-holder himself intimates the Court about the

adjustment, no notice to judgment-debtor is necessary.

For the payment of amount due under the decree by installments

under Article 21 Rule 11 (2) of CPC

Every application for the execution of the decree shall be in

writing, sign and verified by the applicant or by some other person

provided with the satisfaction of the court to be acquainted with the

facts of the case shall file a petition within 30 days from the date of

decree.

To set aside sale in execution of decree including E.A by JDr

under Order 21 Rule 90 and Sec.47 of CPC

Where any immovable property has been sold in the execution of

a decree, the decree holder or the purchaser or any other person is

entitled to share in a ratable distribution of assets or whose interest

are affected by the sale, may apply to the court to set aside the same

on the ground of material irregularity or fraud in publishing or

conducting it can file a petition within 90 days from the date of sale.

Application to set aside sale on deposit under Order 21 Rule 89

of CPC.

Where immovable property has been sold in execution of a

decree (any person claiming an interest in the property sold at the

time of the sale or at the time of making the application, or acting for

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or in the interest of such person) may apply to have the sale set aside

on his depositing in Court.

The petition shall be filed within 30 days from the date of sale as

laid in the case law Lee-kuan yew Vs Derek Gwynn Davies and

others. 1990 (1) M.L.J. 390.

Final decree in suit for a sale under Order 34 Rule 5 of CPC

Where on or before the day fixed or at any time before the

confirmation of a sale made in pursuance of a final decree passed

under Sub-rule (3) of this rule, the defendant makes payment into

Court of all amounts due from him under Sub-rule (1) of Rule 4, the

Court shall, on application made by the defendant in this behalf, pass

a final decree or, if such decree has been passed, an order can file a

petition to set aside a sale in cases relating to debt due on mortgage

deed any time before conformation of a sale.

Dispossession by decree holder or purchase under Order 21 Rule

99 of CPC

Where any person other than the judgment-debtor is

dispossessed of immovable property by the holder of a decree for the

possession of such property or, where such property has been sold in

execution of a decree, by the purchaser thereof,. He may make an

application to the Court complaining of such dispossession.

Petition can be filed for redelivery of possession as laid down in

Article 128 of Limitation Act. The date of dispossession can be filed

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within 30 days for the possession by one dispossessed from

immovable property and disputing the right of the decree holder or

purchaser at a sale in execution of a decree.

Resistance to deliver of possession to decree holder or purchaser

under Order 21 Rule 97 of CPC

Where the holder of a decree for the possession of immovable

property or the purchaser of any such property sold in execution of a

decree is resisted or obstructed by any person in obtaining possession

of the property, he may make an application to the Court complaining

of such resistance or obstruction.

The petition can be filed within 30 days from the date of

resistance or obstruction the same is laid down in Article 129 of

Limitation Act. The date of resistance or obstruction for possession

after 30 days removing resistance or obstruction to deliver the

possession of immovable property decreed or sold in an execution of a

decree.

For execution of decree granting perpetual injunction

1. Subject to the other provisions contained in or referred to by

this Chapter, a perpetual injunction may be granted to the

plaintiff to prevent the breach of an obligation existing in his

favor, whether expressly or by implication.

2. When any such obligation arises from contract, the court

shall be guided by the rules and provisions contained in

Chapter II.

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 3. When the defendant invades or threatens to invade the

plaintiff’s right to, or enjoyment of, property, the court may

grant a perpetual injunction in the following cases, namely:

(a) Where the defendant is trustee of the property for the

plaintiff

(b) Where there exists no standard for ascertaining the actual

damage caused, or likely to be caused, by the invasion;

(c) Where the invasion is such that compensation in money

would not afford adequate relief;

(d) Where the injunction is necessary to prevent a multiplicity

of judicial proceedings.

No time limits is prescribed for grant of perpetual injunction.

Proceedings on appearing of judgment debtor in obidence to

notice or after arrest

When a judgment-debtor appears before the Court in obedience

to a notice issued under Rule 37, or is brought before the Court after

being arrested in execution of a decree for the payment of money, the

Court shall proceed to hear the decree-holder and take all such

evidence as may be produced by him in support his application for

execution and shall then give the judgment-debtor an opportunity of

showing cause why he should not be committed to the civil prison.

Time limit for detention of an arrest judgment-debtor in court

premises under custody of officer of court not exceeding 15 days.

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Time limit for deposit of one fourth of sale proceedings

immediately after the declaration of the sale if Decree Holder is

the purchaser he may be dispensed with

Time for payment of in ful of purchase amount under Order 21

Rule 85 of CPC

The full amount of purchase money payable shall be paid by the

purchaser into Court before the Court closes on the fifteenth day from

the sale of the property;

Provided, that, in calculating the amount to be so paid into

Court, the purchaser shall have the advantage of any set off to which

he may be entitled under Rule 72.

Time limit of deposit of three forth of sale proceedings or

requisite stamp duty should be paid within 15 days from the date of

sale.

Form of decree and time for preparation

(1) Every decree shall be headed with the full cause – title of the

suit, appeal or matter, the name of the Judge and the date on

which it was passed and shall state the names of the parties,

their description and registered addresses together with the

names of the advocates who appeared at the hearing and shall

be drawn up in consecutive numbered paragraphs as in the

appropriate forms prescribed in Appendix-D to the Code with

necessary modifications.

(2) Every decree shall ordinarily be drawn up (as expeditiously as

possible and, in any case within fifteen days from the date) on

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 which judgment is pronounced. The decrees in intricate or

important cases may be shown to the advocates concerned

before they are finally drawn up.

Time limit for payment of any batta in execution except

sale warrant batta should be paid within two days or period

if so fixed by the Judge.

Form of orders as laid down under Rule 187 of Civil Rules of

Practice.

An order for an injunction in a partnership suit, an order on

appeal varying the interim decree, and an order on appeal from the

final decree reversing the same and appointing a Receiver, may be as

in Form Nos.48, 49 and 50 respectively.

Time for payment for sale proclamation of batta along with

copies and tom-tom charges in case of movable properties the batta

should be paid within two days from the date of order.

Time for payment of sale warrant batta should be paid within a

week before date fixed for sale.

Declaration by court as laid down under Rule 138 of Civil Rules

of Practice.

If the court finds that any items have been included in the books

of accounts which do not form part of the transactions in question, or

are not properly chargeable to any party, or that any transactions

have not been included in the said books, it shall declare generally

the nature of the transactions or items to be excluded or included in

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taking the accounts, as in Form No.35, and the Commissioner shall

be empowered to state what, in his opinion, should be allowed or

disallowed in these respects, as in Form no.36.

Return of decree or other courts entered in CR register No.15 if

execution is levied in execution court petition should be filed within 3

days after the expiry of one year. Time from the date of receipt of

other court decree.

Time of scale under Order 21 Rule 68 of CPC.

Save in the case of property of the kind described in the proviso

to Rule 43, no sale hereunder shall, without the consent in writing of

the judgment-debtor, take place until after the expiration of at least

(fifteen days) in the case of immovable property, and of at least (seven

days) in the case of movable property, calculated from the date on

which the copy of the proclamation has been affixed on the Court-

house of the Judge ordering the sale.

For immovable’s after expiry of 15 days from the date on which

the copy of proclamation is affixed on the court notice board.

For movables after expiry of 7 days from the date on which the

copy of proclamation is affixed on the court notice board.

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 The important points which have to be taken care
while dealing with execution petitions.

Filing / Limitation:

Limitation must be strictly followed. Specific period for different

petitions. (Vide separate sheet) Section 5 limitation Act is not

applicable in EP.

(2005) 4 MLJ 163 (SC)

Damodaran Pillai and others Vs South Indian Bank Limited

"An application under Sec. 5 of the Limitation Act is not maintainable

in a proceeding arising under O. 21, of the Code." "A fortiori for the

said purpose, inherent power of the Court cannot be invoked."

(2003) 3 MLJ 590 (Mad) M.Ponnupandian Petitioner in both Vs

Selvabakiyam and others Respondents in both

Civil Procedure Code (V of 1908), O. 21, Rule 106 and Sec.151 —

Limitation Act (36 of 1963), Sec.5 — Application to set aside ex parte

order under O. 21, Rule 106 — Application to condone delay in filing

said application — Delay cannot be condoned as Sec.5, Limitation Act

not applicable.

II. NOTICE:

If below 2 years from decree no notice under Or 21 r 22 CPC be

sent. Straight away orders may be passed. i.e., “Notice and Attach

by... “

In cases where the last orders in previous EP were passed within

2 years of fresh EP same rule applicable. See Or 21 R22 Proviso.

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 Also see Or 21 r 22(2): “ notice not necessary if court feels that

unreasonable delay will be caused”

In cases of Salary attachment no notice to pay disbursing officer

is necessary. It is sufficient if attachment warrant alone is sent to

him. He need not be added as respondent (as is done in some places.)

If respondent fails to appear or does not file counter. Next order

would be “Attachment made absolute. EP allowed.”

III. Lrs in EP.

If EP filed against Lrs of JD, no separate application to implead

them be filed along with EP. Notice will be sent to Lrs and counter

filed, Enquiry made and orders passed and then again EP will be

taken on file. Not necessary Waste of time It is sufficient if EP is filed

u/o 21 r 11 r/w sec 50 CPC.

If JD died pending EP, then application need be filed u/s 50

CPC. Order 22 rule 12 CPC to be taken note of. Or 22 rules 3,4,8 not

applicable to Execution proceedings. No abatement in EP. Hence

reasonable time be given to implead Lrs and if not EP may be

dismissed for default. Since no abatement is there fresh EP may be

filed.

AIR 1932 Mad 73 FB MH (Venkatachalam Vs Ramaswami)

“Rule 12 of Order 22 of CPC is envisaged to be of benefit to a

decree holder. When execution proceedings are pending, on account

of death of party to proceedings, it does not abate. The parties are

entitled to be impleaded when execution proceedings are pending.

There is also no bar to file fresh application for execution also.”

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1998 (1) CTC 509 MH (UTHIRAPATHY VsASHRAB ALI & OTHERS)

“ This rule is intended to apply to the 'Proceedings under the Act

: Execution petition by virtue of fiction attached to it under sec.18 of

the Act, is one under the code of civil procedure. When Order of

eviction is passed under secs. 10, 14, 15, 16 and 17 it ceased to be

ceased to be order under the Act. It has reached a stage of execution.

So, rule 25 of the Act is not applicable to proceedings of eviction.

According to Rule 12 CPC also, the abatement of petition in execution

does not arise under Order 22 of CPC”.

Legal representatives are entitled to come on record in execution

petition at any time. However, when execution petition is pending

and, if the death of party is informed to Court, the Court may fix a

(date) time to implead the L R's. If petition is not filed, the Court can

dismiss the petition for default. Fresh application of execution is a

continuation of execution petition.”

IV. STAY OF PROCEEDINGS:

This is where the proceedings get stuck without any progress. If

we strictly follow the provisions and the decisions of the HC and SC

the delay would be considerably cut down and the justice will be done

in time.

1. Court cannot stay execution of its own decree: Only under Or 41

rule 5 CPC stay can be granted by trial court, but for fixed time only

2. Or 21 rule 26 CPC can be invoked only by transferee court.

3. Or 21 rule 29 CPC for specific purpose when another suit is

pending against the DH filed by JD or other person interested in the

same subject matter.

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AIR 1978 MAD 269 (after amendment transferee court can also
pass stay orders).

4. Stay by appellate courts Or 41 rule 5,6 CPC.

No stay can be granted if appeal is filed with delay condonation

petition – Or 41 rule 3A.

In the absence of stay, EP must be proceeded with. Normally the

parties would approach the Executing court for stay u/s 151. But

inherent powers cannot be invoked as per (2005)4 MLJ 163(SC)

(Damodaran Pillai and others Vs South Indian Bank Ltd).

5. If court is satisfied that appeal is pending then no purpose in

keeping the EP pending. EP can be dismissed with liberty to file fresh

EP after disposal of appeal. The limitation will be saved since the

decree will merge with the appellate court decree and the time will

run afresh after the disposal of the appeal.

6. In cases of Insolvency petitions pending in other courts.

Pendency of I.P. Proceedings is not a ground to stay the E.P.

Executing court cannot stay the proceedings since I.P. Is pending.

The J.D. must obtain interim protection order from the Insolvency

Court.

2008 (4) LW 1068 Saravanan Vs Raju (Madurai Bench)

“CPC 51, 55, 58 Order 21 Rule 37, 40 CPC Merely because the J.D.

Presented an I.P. Before the Insolvency Court, the executing court

need not stay in proceedings in the absence of any adjudication by

the Insolvency court. The J.D. Must obtain interim protection order

from the court.”

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7. Sec. 47, Order 21 Rule 58, 59 Order 21 R ule 97 to 100, Order

21 Rule 105, 106 CPC.

Petitions will be filed under these provisions making various

claim in the E.P. Early disposal of these petitions will consequently

reduce the delay in disposal of E.P.

(i) Section 47 :

The court cannot go behind the decree. Court can interfere only if the

decree is null and void without jurisdiction.

2007(4) MLJ 361 SC Dharsasingh Vs State of Punjab 2008(1) MLJ

1012 MHC District Collector, Thiruvannamalai Vs Jeayseelan

(In this case Injunction decree obtained for granting of patta – No

jurisdiction as it is bared u/s 14 Tamil Nadu Patta Pass Book Act)

(ii) Section 47 Vs Order 21 Rule 2 CPC :

Any settlement or adjustment or discharge of decree has to be

certified by the court under Order 21 Rule 2 CPC. Time limit for

invoking Order 21 Rule 2 CPC is 30 days from the date of payment,

adjustment or satisfaction (Article 125 Limitation Act). The court

cannot recognize any such adjustment or satisfaction if it is not

certified under Order 21 Rule 2. This prohibition is made under Order

21 Rule 3 “A payment or adjustment which has not been certified or

recorded as aforesaid shall not be recognized by any court executing

the decree”

Petitions will be filed u/s 47 claiming adjustment or satisfaction

or record the said adjustment or satisfaction u/s 47 CPC. Since

specific provision under Order 21 Rule 2 and Rule 3 CPC is there the

general provision of Sec. 47 not applicable.

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2006(3) MLJ Page 57 (SC) Padma Ben Banushali and another Vs
Yogendra Rathore and Others

“Uncertified adjustment out of court cannot be considered u/s 47

CPC.”

(iii) Order 21 Rule 58, 59:

These petitions have to be dealt with immediately and with strict

consideration of limitation. Only if stay is granted under Order 21

Rule 59 E.P. must be stayed. These petitions will be filed on the eve of

sale confirmation. To be strictly scrutinized. They would wantonly file

incomplete petitions so as take advantage of the returns. We can call

the advocates and get them rectified immediately.

(iv) Order 21 Rule 97 to 100:

Removal of obstruction in cases of delivery.

Short adjournments shall be given and the proceedings shall be

expedited.

8. Setting aside the sale: Order 21 Rule 72 Order 21 Rule 90 CPC.

(i). Order 21 Rule 72 :

The decree holder or his binami shall not bid or buy property in

court auction sale without permission from court. If the decree holder

or his binami is found to have purchased the property in court

auction without permission or when permission is rejected, the sale

has to be necessarily set aside under Order 21 Rule 72(3). No

substantial injury has to be proved by the J.D. or any interested

person, to set aside the sale as required under Order 21 Rule 90. If it

is found that Decree holder/Purchaser has not obtained necessary

permission, the sale must be set aside.

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1981 (1) MLJ Page 1 M H (F B) (Suresh Babu Vs Balasubramaniam)

“Sale is invalid even if no substantial injury is caused”.

(ii). Order 21 Rule 90:

Under this provision sale can be set aside only when substantial

injury is pleaded and proved. If the petitioner does not plead or prove

that substantial injury is caused due to the material irregularity in

the conduct of sale, the sale need not be set aside. Mere irregularity is

not a ground to set aside the sale under Order 21 Rule 90 CPC.

AIR 2000 SC 3402

AIR 1986 SC 2099

V. General Delay:

1. Delay in paying Batta:

If batta is not paid within reasonable time E.P. may be

dismissed. If already attachment is made an order making

attachment to continue for 3 months shall be made. This will reduce

the formality the second application. The second petition can be filed

straight away for sale within the period of 3 months.

2. P.S. In Installments:

The petition for payment of amount by installments must be

made within 30 days from the date of decree Order 21 Rule.

The courts shall direct substantial payment as way of part

satisfaction on regular hearings. The courts shall be strict in

enforcing payment since if small amounts are allowed to be paid it

will take more time and E.P. will pending.

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3. Arrest Order 21 Rule 40:

Normally the court Amin will record and return the arrest

warrant as “J.D. Absent”. Strict instructions must be given to the

bailiff as well the plaintiff to effect arrest and produce the J.D. within

reasonable time. Instances are there that the decree holder also

colludes with the J.D. to recover money from him instead of sending

him to jail by paying batta. In such cases E.P. must be dismissed.

On the event of arrest of J.D. And when he is produced before

the court, the court has only two options either to sentence him to

civil prison on payment of Jail batta or to dismiss the E.P. for non

payment of batta. Eg. The D.H. Will be interested to record part

satisfaction and directing the J.D. to pay balance amount on the next

hearing so as to avoid paying J.D. Batta. If such practice is

encouraged, the court will be blamed for pendency of E.Ps. If any

amount is paid on the event of arrest and if there is any balance

amount the court cannot release the J.D. on Muchalika, if the arrest

order is passed after satisfaction of the requirements under Order 21

Rule 40.

4. Sale Adjournment petitions Order 21 Rule 69 CPC.:

Long adjournment of sale should not be allowed. The petitioner

must fore go fresh proclamation when seeks sale adjournment under

Order 21 rule 69 CPC it should be mentioned in the affidavit and

petition. Short adjournment like two weeks or three weeks alone shall

be granted for sale. If substantial amount is paid as part satisfaction.

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 From the above discussion it clearly appears that execution is

the enforcement of decrees and orders by the process of court so as to

unable the decree holder to realize the fruits of the decrees order 21

of the court contains elaborate and exhaustive provision for execution

of decrees and order, take care of different type of situation and

provide effective remedies not only to the decree-holder and

judgment-debtors but also to the objectors and third parties.

With reference to the legal Maxim Vigilantibus Et Non

Dormientibus Jura Subveniunt which clearly explains that law comes

to the assistance of those who are vigilant with their rights and not

those who sleep on their rights. In the same way ample opportunity is

provided to execute their decrees within the law but once its not

availed properly the party will be losing their rights to proceed against

the other party.

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