Presentation On

“Civil Law: Execution Of Orders

And Decrees- Identifying
Constraints And Remedy For
Speedy Disposal
 Execution Scheme
under the Code
Decrees and Orders are “Enforced
/implemented”
through execution;
Substa
ntive
Law
-
 What Is Execution
“Execution is the enforcement of
a decree by a judicial process which
enables the decree-holder to realise the
fruits of the decree and judgment passed
by the competent Court in his favour.”
 Executing Court (S. 37)
The Court “which passed” a
decree;
 Ifpassed in exercise of appellate
Jurisdiction -
The Court of first instance or;
Notional first instance;

 Transferee Court is also an Executing Court

(S. 38);
 Transfer of Decree for
Execution (S. 39)
 From Court passing decree to another Court:-
 In whose jurisdiction judgement debtor is based;
 Or where he holds sufficient property to satisfy
decree;
 If subject matter is sale / delivery of property
situated in the local jurisdiction of Transferee
Court;
 For any other reason to be recorded by Court;
Scope & Powers of Executing
Court to decide controversies

All questions relating to

execution, discharge or
satisfaction of decree to
be determined by
Executing Court, and not
by separate suit (S. 47);
 Scope & Powers of Executing
Court to decide controversies-II
Executing Court cannot “go behind the
decree” except when the decree is a
nullity;

Decree is a nullity if:-

 Passed against a dead man;
 The Court passing it lacks “Inherent
Jurisdiction”;
Powers of Court to enforce
Execution (S. 51)
 Means of Execution:-
a. Delivery of property specifically decreed;
b. Attachment & sale / sale without attachment;
c. Arrest and detention in prison ;
d. By appointment of receiver;
e. In any other manner as the nature of relief granted may
require;

 Decree enforceable against legal representatives /

ancestral property (Ss. 52 & 53);
Arrest and Detention (S. 55 )
Judgement debtor may be arrested in
execution of decree at any hour on any day
(subject to compliance of prescribed
formalities);
To be brought before Court as soon as
practicable;
Women exempted from arrest or detention
in execution for payment of money (S. 56);
Arrest and Detention- II
Period of detention (S. 58):-
Up to 3 months if value of decree
exceeds Rs. 5,000/-;
Up to 6 weeks if value exceeds Rs.
2,000/-;
No detention if decretal amount is
below Rs. 2,000/- [S.58 (1A)];
 Attachment

•Concept of
“Attachment”
envisages taking
over the properties /
assets of judgement
debtor to satisfy
decree;
 Attachment-II
Properties liable to be Attached (S.
60):-
All conceivable movable and
immovable properties such as
lands, buildings / houses, goods,
money, bank accounts, Government
securities, bonds, Corporate shares,
salaries, rents etc. held by
judgement debtor, or someone else
on his behalf ;
 Attachment-II
 Properties exempt from Attachment :-
 Include necessary personal items including
those of wife and children;

 The tools of artisans / implements of cultivators;

 Houses /buildings of agriculturists, labourers or

domestic servants;

 Rights of personal service;

 Stipends and gratuities allowed to Government /

other authorized pensioners;
 Attachment-II
Properties exempt from Attachment
(Contd.):-
Wages of labourers and domestic
servants;
Salaries up to Rs. 1,000/- and 2/3 of
the remainder except in
maintenance cases;
Salaries of Military personnel;
Deposits in Provident Funds;
Moneys payable under insurance
policy on judgment debtor’s life etc.;
Other Elementary Provisions (O.
XXI)
Notice of Execution (R. 22):-
Not required except (1) :-
 If filed over two years after date of
decree;
 Against legal representative of a
party to decree;
 Against assignee or receiver in
insolvency;
 In any other case thought fit by
Court (2);
Stay of Execution (R. 26)
 Execution may be stayed by Executing
Court:-
 On sufficient cause being shown;
 To enable judgment debtor to approach
Original Court which passed decree or;
 To approach Appellate Court;
 Executing Court may order restitution of any
property seized (2);
 Executing Court to require appropriate
security or impose conditions upon
judgment-debtor before ordering stay (3);
Resistance /Obstruction to possession of
Immovable Property (R.97)

 Decree holder /purchaser of

decretal property may apply to
Court if resisted or obstructed by
any person in obtaining possession;

 In such cases Court expected to

pass order which would take into
account recurrence of such
resistance for effecting execution
again;
Dispossession of Third Party by
Decree Holder / Purchaser (R. 99)
 Courtmay direct restoration of
possession (R. 100);

 Allsuch questions to be
determined by the executing
Court itself, and not through a
separate suit (R. 101);