CIVIL PROCEDURE CODE

CIVIL PROCEDURE CODE

PROJECT REPORT

TOPIC- EXECUTION: APPLICATION FOR EXECUTION?

SUBMITTED BY: SUBMITTED TO:

LAKSHAY RAJORA DR. SITAL SHARMA
260/21 | SECTION-E UILS | PU
BCOMLLB | 8TH SEM
UILS | PU

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ACKNOWLEGDEMENT

The success and final outcome of this project required a lot of guidance and assistance and I
am extremely privileged to have gotten the same along with the completion of my project. I
have taken efforts in this project. However, it could not have been possible without the kind
help and support of many individuals. I would like to extend my sincere thanks to them. I am
highly indebted to Dr. Sital Sharma for providing me an opportunity to do the project work
and providing all the necessary support and guidance which made me complete the project
duly. I would also like to express my gratitude to my parents and friends who helped me a lot
in finalizing this project within the limited time frame as well as for their kind cooperation
and encouragement which helped me excel.

LAKSHAY RAJORA

260/21

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INDEX

Sr. Topic Page No.

No.
1. Introduction 4
2. Nature and Scope 4
3. Different Modes of Execution 4
4. Who May Apply For Execution 5
5. Applications 6
6. Other Rules 8
7. Procedure in Execution 8
8. Bibliography 11

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1. INTRODUCTION
● The word “execution” stands derived from the Latin word “ex sequi” which means to
follow out, follow to the end or perform. “Execution” signifies in law the obtaining of actual
possession of anything acquired by judgment of law. Execution signifies the last performance
of an act. 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.

2. NATURE AND SCOPE

● 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. Execution is the last stage of
litigation. When the decree-holder gets the thing granted to him by judgment, decree or
order, the execution is complete. Execution of a decree or an order or implementation or
enforcement of such decree or orders, these are important steps since they are concerned with
realization of the fruits of the decree or the orders as the case may be. Part II, Section 36 to
74 and Section 144, 146 of Code of Civil Procedure and Order 21 of Civil Procedure Code
deals exclusively with the execution. 2 Chapter XVI of Civil Rules of Practice consisting of
Rules 205 to 285 deals with execution. Limitation Act Articles 125 to 129 and 134 to 137
deal with the limitation in respect of the execution proceedings. As per Rule 2 (e) of Civil
Rules of Practice, “Execution petition” means the petition to the court for the execution of
any decree or order. As per Rule 2 (f) of Civil rules of Practice “Execution application”
means an application to the court made in a pending Execution Petition and includes an
application for transfer of a decree.

3. DIFFERENT MODES OF EXECUTION

● After the decree-holder files an application for execution of a decree, the executing court
can enforce execution. A decree may be enforced by,
 delivery of any property specified in the decree, (movable or immovable)

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 by attachment and sale or by sale without attachment of any property, or

 by arrest and detention in civil prison of the judgment-debtor. However, this mode
should not be exercised without giving a reasonable opportunity to the judgment-
debtor, in the form of a show-cause notice as to why he should not be imprisoned or
 by appointing a receiver, or
 by effecting partition, or in such other manner as the nature of the relief may
require.

4. WHO MAY APPLY FOR EXECUTION?

● According to order XXI Rule 10 The following persons can file an application for
execution:
 The decree-holder.
 The legal representatives of the decree-holder, if the decree-holder is dead.
 Any person claiming under the decree-holder.
 Transferee of the decree-holder, if the following conditions are satisfied namely,
o The decree must have been transferred by an assignment in writing or by
operation of law;
o The application for execution must have been made to the court which
passed the decree; and
o Notice must have been given to the transferor and the judgment-debtor. The
provision of giving notice is mandatory and in absence of it, all the
proceedings in the execution would be void. The object of issuing notice is to
determine once for all and in presence of the parties concerned, he validity or
otherwise of the assignment or transfer.
 One or more of the joint decree-holders, provided the following conditions are
satisfied namely,
o The decree should not have imposed any condition to the contrary;
o The application must have been made for the execution of the whole decree;

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o The application must have been made for the benefit of all the joint decree-
holders; or where any of them had died, for the benefit of the survivors and
the legal representatives of the deceased decree holder.

● Who Cannot Apply?

 A person who is neither a decree-holder nor has a right to execute a decree cannot
apply for execution of decree.
 A third party or a stranger has not right to apply for execution even if he is a
beneficiary under a compromise.
 A receiver appointed by a court may file execution application. But if he is dead, his
son cannot continue the proceedings. Against whom execution may be taken out?

● Against whom execution may be sought?

 The Judgment-debtor, if he is alive (Rule 15).
 The legal representatives of the judgment-debtor, if the judgment debtor is dead.
They shall, however, be liable only to the extent of the property of the deceased
which has come to their hands (Section 50, 52, 53).

5. APPLICATIONS

● RULE 11: TYPES OF APPLICATIONS

1. Oral Applications:
 In specific cases involving money decrees, the court allows an immediate oral
application when the decree is passed.
 This expedited process can lead to the immediate arrest of the judgment-debtor (the
person who owes the money) if they are present in the court premises.
 This provision helps prevent potential evasion of payment.
2. Written Applications: Most execution applications must be submitted in writing
with specific details presented in a tabular format. These details include:
 Basic case information (suit number, parties involved, decree date).
 Appeal status.
 Payment history and previous execution attempts.
 Outstanding amounts and interest.
 Costs awarded.

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 Specific relief sought (like property delivery, attachment, or arrest).

FORM: An application for execution shall be in Form No. 6 of Appendix E to the First Schedule.
But even if an application is not in the proper form, the defect is not vital or material.
(Ashalata Devi Vs. Jadu Nath, AIR 1954 SC 409: (1955) 1 SCR 150).

LIMITATION: The period of limitation for the execution of a decree (other than a decree
granting a mandatory injunction) is 12 years from the date of the decree (Art. 136,
Limitation Act, 1963). The period of limitation for the execution of a decree for mandatory
injunction is 3 years from the date of the decree (Art. 135, Limitation Act, 1963).

● RULE 11A: APPLICATIONS FOR ARREST

 This rule mandates that any application seeking arrest and detention of a judgment-
debtor must explicitly state the grounds for arrest.
 This can be done either in the application itself or through an accompanying
affidavit. This requirement ensures that arrest powers are not misused.

● PROPERTY ATTACHMENT APPLICATIONS

o For Movable Property (Rule 12): o For Immovable Property (Rule

When seeking to attach movable property 13):
not in the judgment-debtor's possession, Applications involving immovable
the application must include a detailed property require:
inventory with accurate descriptions.  Precise property identification through
This helps prevent disputes over property boundaries or survey numbers.
identification and ensures the correct  Clear specification of the judgment-
assets are attached. debtor's ownership share.
 Possible requirement of certified extracts
from the Collector's register.

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6. OTHER RULES
● RULE 14: COLLECTOR'S REGISTER REQUIREMENTS

For land registered with the Collector, the court may require a certified extract from the
register showing:
o Registered proprietors.
o Persons with transferable interests.
o Those liable to pay revenue.
o Shares of registered proprietors.

● JOINT DECREE EXECUTION

Multiple Decree Holders (Rule 15): When a decree Favors multiple parties, any one of them
can apply for execution of the entire decree, benefiting all parties involved. This provision
includes scenarios where some decree-holders have passed away, allowing survivors and
legal representatives to proceed with execution.

Transferred Decrees (Rule 16): If a decree is transferred through assignment or legal

operation, the transferee can apply for execution. However, this requires:
 Notice to both the transferor and judgment-debtor.
 Opportunity for objections to be heard.
 Special provisions for money decrees transferred between joint judgment-debtors.

● RULE 17: APPLICATION PROCESSING

The court must:
 Verify compliance with Rules 11-14.
 Allow defects to be remedied.
 Reject non-compliant applications.
 Make provisional decisions on amounts if needed.

7. PROCEDURE IN EXECUTION
● EXECUTION PROCEEDINGS UNDER CPC

In a case “Raj Durbungah Vs. Maharaja Coomar Ramaput Singh 1872 SCC PC 16” when
it was observed by the Privy council that “the difficulties of a litigant in India began when he
has obtained a decree”
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In “Ghan Shyam Das Vs. Anant Kumar Sinha AIR 1991 SC 2251” the Hon’ble Supreme
Court observed that the Code contains elaborate provisions which deal with all questions
regarding executability of a decree in all aspects. The Hon’ble Supreme 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 Hon’ble
Supreme Court further explained that the judicial quality of the remedy under Civil Procedure
Code is considered to be superior as compared to other statues, therefore, the judges are
expected to do better as they are entrusted with the administration of justice.

● Section 51 to 54 of the Code deals about the procedure in execution.

Powers of the Court: Section 51 Section 51 of the court defines the jurisdiction and power of
the court in executing a decree. The manner of executing a decree is laid down by the Rules.
The section enumerates in general terms the various modes in which the court may order
execution of a decree according to the relief granted in favour of a decree-holder. It is for the
decree- holder to decide in which of the several modes he will execute his decree. An
application for execution of the decree can either be oral or written. The court may execute
decree as per the mode of implementation prayed by the decree-holder or as the court deems
fit

Simultaneous execution: Section 51 of the Code is very wide and permits execution of
decree by different modes. It gives option to the decree holder of enforcing decree by several
modes available under the Code. As a general rule, therefore, a court 13 passing a decree
against the defendant should not ordinarily place any limitation as to the mode in which it is
to be executed.
According to Rule 21: Simultaneous Execution: Courts have discretion to refuse
simultaneous execution against both person and property of the judgment-debtor.

Procedural Safeguards:
Notice Requirements (Rule 22): The court must issue a notice to show cause in certain
situations:
 Applications made more than two years after the decree.
 Execution against legal representatives.
 Execution against insolvency assignees or receivers.
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Post-Notice Procedure: After issuing notice, the court (Rule 23):

 Can proceed with execution if no objections are raised.
 Must consider any objections raised and make appropriate orders.
 May dispense with notice in urgent cases where delay would defeat justice.

Case law: In Shyam Singh vs. Collector, Hamirpur 1993 SUPP (1) SEC 693 for recovery of
certain debts, simultaneous proceedings for attachment and sale of movable as well as
immovable property were taken. Upholding the action and following P.R.K. Sugar Works, the
Hon’ble Supreme Court Observed:
“it has been said the difficulties of a litigant “being when he has obtained a decree”. It is a
matter of common knowledge that far too many obstacles are placed in the way of the
decree-holder who seeks to execute his decree against the property of the judgment-debtor
because of that there is no statutory provision against a number of execution proceedings
continuing concurrently. Section 51 of the Code gives an option to the creditor, of enforcing
the decree either against the person or the property of the debtor ; and nowhere it has been
laid down that execution against the person of the debtor shall not be allowed unless and
until the decree-holder has exhausted his remedy against the property. It is, however,
necessary to note that discretion is with the court to order simultaneous execution and that
discretion must be exercised judicially. The court can refuse simultaneous execution by
allowing the decree holder to avail himself of only one mode of execution at a time.”

● RULE 18: CROSS-DECREE EXECUTION

Management of Multiple Decrees: When dealing with cross-decrees (separate decrees
between the same parties), specific rules apply:
 For equal amounts: Both decrees are satisfied simultaneously.
 For unequal amounts: Only the larger decree is executed, with adjustments for
the smaller amount.
 Special provisions exist for mortgage suits and cases involving joint liabilities.

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BIBLIOGRAPHY

Books
1. Mulla, D.F., The Code of Civil Procedure (19th edn, LexisNexis 2023).
2. Sarkar, S.C. & Sarkar, P.C., Law of Civil Procedure (12th edn, S.G. Thakur 2022).
3. Basu, Durga Das, Civil Procedure Code (10th edn, Ashoka Law House 2021).
4. Jain, M.P., Civil Procedure Code (Including Limitation Act) (7th edn, LexisNexis
2020).
5. Singh, Avtar, Civil Procedure with Limitation Act (14th edn, Universal Law Publishing
2019).

Articles in Journals
6. Reddy, K. Srinivas, "Decree Holders and Legal Representatives in Execution
Proceedings" (2022) 5 SCC (Jour) 45.
7. Sharma, Ritu, "Transferees of Decree and Their Right to Execute" (2021) 58 JILI 89.
8. Verma, S.K., "Judicial Interpretation of Order XXI CPC: A Critical Analysis" (2020) 4 Civil
Law Quarterly 112.
9. Mehta, Pooja, "Representative Suits and Execution under CPC" (2019) 3 Indian Journal
of Law & Justice 67.
10. Gupta, Anil, "Legal Heirs in Execution Proceedings: An Overview" (2018) 6 Supreme Court
Cases (Civil) 34.

Online Resources
11. Indian Kanoon, "Execution of Decrees under CPC" https://indiankanoon.org accessed 20
February 2025.
12. Manupatra, "Judicial Trends in Execution
Applications" https://www.manupatrafast.com accessed 12 March 2024

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