Introduction

The litigation consists of three stages, initiation of litigation, adjudication of litigation,

and implementation of litigation. The last stage of litigation, which is the implementation
of litigation is known as an execution. Once a decree or judgment is passed by the court, it
is the obligation of the person against whom the judgment is passed (judgment-debtor), to
give effect to the decree so as to enable the decree-holder to enjoy the benefits of the
judgment.

By execution, a judgment-debtor is compelled to carry out the mandate of the decree or

order. Execution implies giving effect to an order or judgment of a court of justice. When
the decree-holder gets the thing granted to him by judgment, decree or order, the
execution is complete. 

Meaning, Nature and Scope

The term “execution” is not defined in the CPC. The term “execution” means implementing
or enforcing or giving effect to an order or a  judgment passed by the court of justice. In
simple words “execution” means the process of enforcing or giving effect to the decree or
judgment of the court, by compelling the judgment-debtor to carry out the mandate of
the decree or order and enable the decree-holder to recover the thing granted to him by
judgment. 

Illustration:

X files a suit against Y for Rs 20,000 and obtains a decree against him. Here X would be
called the decree-holder,  Y is the judgment-debtor, and the amount of Rs 20,000 is the
judgment- debt. Y is bound to pay Rs 20,000 to X, as the decree is passed against him.
Suppose Y refuses to pay the decretal amount to X, X can recover the said amount by
execution through the judicial process. The principles governing the execution of a decree
or order are given in Section 36 to Section 74 (substantive law) and Order 21 of the code
which provides for procedural law.  

Execution proceedings under CrPC

In Ghan Shyam Das v. Anant Kumar Sinha, the Supreme Court dealt with the provisions of
the code relating to the execution of orders and decree and stated that the Code contains
elaborate provisions which deal with all questions regarding executability of a decree in all
aspects. 
The Court further observed that numerous provisions of Order 21 take care of various
situations providing effective remedies to judgment-debtors, decree-holders and claimant
objectors. In the cases, where provisions are not capable of giving relief inadequate
measures and appropriate time, to an aggrieved party, then filing a regular suit in the civil
court is the solution.

The Court further explained that the judicial quality of the remedy under Civil Procedure
Code is considered to be superior as compared to other statutes therefore, the judges are
expected to do better as they are entrusted with the administration of justice.

Who can make application for execution?

Application for execution can be made by:

1. The decree holder himself.

2. His legal representative if the decree holder is dead.
3. Any person claiming under the decree holder.
4. Transferee of Decree holder who has given notice to transferor and judgement
debtor.
5. Any one or more of the Decree holders where it is for benefit of all and no
contrary intention is indicated.

Against whom the application for execution can be made?

Execution decree can be made only against the judgement debtor, if he is alive or against
legal representatives of judgement debtor.

Courts which can Execute Decrees:

Section 38 of the Code states that a decree can be executed either by the Court of
the first instance or by the Court to which it has been sent for execution.

Section 37 of the Code further establishes the scope of the expression “court which
passed a decree” with the object of enabling a decree-holder to recover the fruits of the
decree. The courts which fall within the said expression are as follows:

1. The court of the first instance;

2. The court which actually passed the decree in case of appellate decrees;
3. The court which has jurisdiction to try the suit at the time of execution, if the
court of first instance ceased to exist;
 4. The court which at the time of execution had jurisdiction to try the suit, if the
court of first instance has ceased to have jurisdiction to execute the decree.

Explanation to the section clarifies that the court of first instance shall have jurisdiction
to execute a decree even in the case of any area being transferred from the jurisdiction
of the court of first instance to the jurisdiction of any other court. In such cases, the
court to the jurisdiction of which such area has been transferred will also have
jurisdiction to execute the decree, provided that the said court had jurisdiction to try the
said suit when the application for execution was made.

Modes of Execution:

The code lays down various mode of execution. After the decree-holder files an
application for execution of decree, the executing court can enforce execution.

A decree can be enforced by:

 By delivery of any property specifically decreed.

 By attachment and sale or by sale without attachment of the property.
 By arrest and detention.
 By appointing a receiver.
 By effecting partition.
 Any such manner which the nature of relief requires.

Section 51 of C.P.C lays down the court may on the application of decree holder order
execution of the decree subject to such conditions and limitation as may be prescribed.

1. Arrest and Detention

One of the modes of executing a decree is arrest and detention of the judgment-debtor in
civil imprisonment. Where the decree is for payment of money, it can be executed by
arrest and detention of the judgment-debtor.

A judgment-debtor may be arrested at any time on any day in the execution of a decree.
After this arrest, he must be brought before the court as soon as practicable. For the
purpose of making arrest,

 no dwelling house may be entered after sunset or before sunrise;

 no outer door of a dwelling house may be broken open unless such dwelling house is
in the occupancy of the judgment-debtor and he refuses or prevents access
thereto;
  no order of detention of the judgment-debtor shall be made where the decretal
amount does not exceed Rs.2000;
 where the judgment-debtor pays the decretal amount and costs of arrest to the
officer, he should be released once;
 women, judicial officers, the parties, their pleaders, member of legislative bodies,
a judgment-debtor where the decretal amount does not exceed Rs 2,000, this
person cannot be arrested and detained in civil imprisonment;

A decree for money cannot be executed by arrest and detention where the judgment-
debtor is a woman, or a minor, or a legal representative of a deceased judgment-debtor.

2. Attachment and Sale of Property

Section 60 of the Code of Civil Procedure provides the list of properties which are
liable to attachment and sale in execution of the decree. The list which is liable to be
attached for enforcement of decree according to this Section is:

 Land;
 Houses or other buildings;
 Goods and Money;
 Banknotes and cheques;
 Bill of exchanges and promissory notes;
 Hundis;
 Government Securities, bonds and other securities for money;
 Debts; 
 Shares in the corporation;
 All other saleable property that belongs to the judgment-debtor which can
be movable or immovable.

Section 61 of the Code of Civil Procedure provides a partial exemption of agricultural
produce.

 How is decree related to Specific movable property executed?

According to Order 21,Rule 31, when the decree is for any specific movable
property, the execution can take place in any of the following made:

 By seizure and delivery of the property.

 By detention of the judgement debtor.
 By attachment of his properly.
 By attachment and detention both.
  What powers does the court have regarding the execution of Immovable
Property?

According to Order 21,Rule 35, a court executing a decree has the power to attach the
property and sell the property or portion thereof which is sufficient to satisfy the
decree. After such attachment the first step is issuing proclamation of sale. Such a
proclamation shall be prepared after notice to both the sides and shall comprise of
following details: -

1. Time and place of sale

2. Property to be sold
3. Revenue, if any, assessed upon the property;
4. Encumbrance, if any, to which property is liable;
5. Amount to be recovered;
6. Details relating to property, such as title deed, length etc.

 Time of Sale:  Rule 68

No sale without the consent in writing of the judgment-debtor can take place before 15
days in case of immovable property and before 7 days in case of movable property
from the date of proclamation in the courthouse. A sale can be conducted immediately if
the property is of perishable nature.

 Adjournment of Sale:  Rule 69

If the judgment-debtor after the issue of proclamation, before sale has paid the amount
or has partly promised to pay on the given date before completion of public order, if there
is any justified reason, in those circumstances, court has discretionary power to postpone
the sale.

If it has been postponed for a period of 30 days, the fresh proclamation has to be
issued and again the process of  Rule 67, 68  and  69  will follow.Sale cannot be postponed
where judgment-debtor dies before the date of sell or after the issue of proclamation, or
on the date of the auction.

 Restriction to bid:  Rule 72-73

A decree-holder cannot, without the express permission of the court, purchase the
property sold in execution of his own decree.
Any officer or other person having any duty to perform in connection with the execution
sale cannot either directly or indirectly, acquire or any attempt to acquire any interest in
the property sold in execution.

3. How is decree for specific performance for restitution of conjugal rights or

for an injunction executed?

According to Order 21, Rule 32, “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
has been passed, has had an opportunity of obeying the decree and if he has wilfully failed
to obey it, the decree may be enforced, in the case of a decree for restitution of conjugal
rights:

 By his detention in Civil Prison.

 By the attachment of his property.

Limitation Period of Execution of Decrees

Article 136 of the Limitation Act states the period of execution for decrees in India.
For any application, which does not have a defined period prescribed, the limit is 3
years, as per Article 137 of the Limitation Act. However, the decree of mandatory
injunction has a limit of 12 years.

Conclusion

It clearly appears from the above discussion, that execution means implementing or
enforcing or giving effect to an order or a judgment passed by the court of justice. The
provisions contained in Order 21 covers different types of situation and provide effective
remedies to the judgment-debtors, claimant objectors and third parties apart from the
decree-holder.

The Code takes care of the rights of judgment-debtors too. Various modes of execution
of a decree are also provided by the Code which includes arrest, detention of the
judgment-debtor, delivery of possession, attachment of the property, by sale, partition,
the appointment of receiver and payment of money etc. Thus, the provisions are rendered
effective or capable of giving relief to an aggrieved party.