Modes of Execution (Order-21 Rules:30-36)
Introduction:
The execution of a decree represents the final and crucial stage in civil litigation where the
judgment is transformed from a mere declaration of rights into tangible relief for the decree-holder.
The Code of Civil Procedure, 1908 (CPC) under Order XXI provides a robust framework that
balances the interests of decree-holders seeking satisfaction of their claims against the need to
protect judgment-debtors from undue hardship.
The effective execution of decrees is essential to maintain public confidence in the judicial system.
When implemented with fairness and sensitivity to the interests of all parties, the execution process
serves as the final step in the realization of justice, transforming judicial pronouncements into
tangible relief and upholding the rule of law.
A decree may be enforced by delivery of any property specified in the decree, by attachment and
sale or by sale without attachment of any property, or by arrest and detention in civil prison of the
judgment-debtor or by appointing a receiver, or by effecting partition, or in such other manner as
the nature of the relief may require.
Detailed provisions regarding the mode of execution have been laid down in Rules 30 to 40 of
Order 21.
#.Modes of Execution of Decrees
Decree for Payment of Money (Rule 30)
A decree for payment of money may be executed through:
Detention of the judgment-debtor in civil prison.
Attachment and sale of the judgment-debtor's property.
Both detention and attachment simultaneously.
This provision applies to all decrees where monetary payment is ordered, including those where
monetary payment is an alternative to some other relief.
Decree for Specific Movable Property (Rule 31)
When a decree concerns specific movable property or a share in such property, execution may proceed
by:
Seizure of the movable property or share (if practicable).
Delivery to the party to whom it has been adjudged or their appointed representative.
Detention of the judgment-debtor in civil prison.
Attachment of the judgment-debtor's property.
Both detention and attachment.
If attachment continues for three months without the judgment-debtor obeying the decree, and the
decree-holder applies for the sale of the attached property, the court may:
Sell the property.
Award the decree-holder the amount fixed by the decree as an alternative to delivery, or
appropriate compensation.
Pay any balance to the judgment-debtor upon application.
The attachment ceases if:
The judgment-debtor obeys the decree and pays all executable costs.
No application for sale is made after three months from the date of attachment.
The application for sale, if made, is refused.
Decree for Specific Performance, Restitution of Conjugal Rights, or Injunction (Rule 32)
Where a party willfully fails to obey a decree despite having the opportunity to do so, the decree may be
enforced by:
In the case of restitution of conjugal rights: attachment of property.
In the case of specific performance or injunction: detention in civil prison, attachment of
property, or both.
For corporations against whom such decrees are passed, enforcement may be through:
Attachment of the corporation's property.
Detention of directors or principal officers in civil prison (with court permission).
Both attachment and detention.
If attachment continues for six months without compliance, the property may be sold upon application
by the decree-holder, with the court awarding appropriate compensation from the proceeds.
The attachment ceases if:
The judgment-debtor obeys the decree and pays all executable costs.
No application for sale is made after six months from the date of attachment.
The application for sale, if made, is refused.
In cases of non-compliance with decrees for specific performance or injunction, the court may also:
Direct that the required act be performed by the decree-holder or another appointed person.
Recover the expenses as if they were included in the decree
The term "act required to be done" encompasses both prohibitory and mandatory injunctions.
Discretionary Power in Decrees for Restitution of Conjugal Rights (Rule 33)
Courts have discretion in executing decrees for restitution of conjugal rights and may:
Order that the decree shall be executed in a manner specified by the court.
Order periodic payments to the decree-holder if the decree is not obeyed within a fixed period.
Require the judgment-debtor to secure such payments.
Vary or modify orders for periodic payments by altering times, amounts, or temporarily
suspending payments.
Recover ordered payments as money payable under a decree.
Decree for Execution of Document or Endorsement of Negotiable Instrument (Rule 34)
When a judgment-debtor neglects or refuses to execute a document or endorse a negotiable
instrument as decreed, the process involves:
The decree-holder preparing a draft document/endorsement per the decree's terms.
The court serving this draft on the judgment-debtor with notice to object within a specified time.
The judgment-debtor stating objections in writing.
The court approving or altering the draft.
The decree-holder delivering a copy on proper stamp paper.
The judge or appointed officer executing the document.
The execution follows a specified form and has the same effect as if executed by the judgment-debtor.
For documents requiring registration:
The court or authorized officer shall cause registration.
For non-mandatory registration, the court may make appropriate orders if the decree-holder
desires registration.
The court may make orders regarding registration expenses.
Decree for Immovable Property (Rule 35)
Delivery of immovable property shall be made:
To the party to whom it has been adjudged or their appointed representative.
If necessary, by removing any bound person who refuses to vacate.
For joint possession of immovable property:
A copy of the warrant shall be affixed in a conspicuous place on the property.
The decree's substance shall be proclaimed by beat of drum or customary mode.
When delivering possession of a building where the occupant doesn't afford free access:
The court may, after reasonable warning and facility for women to withdraw according to
customs.
Remove or open locks, break open doors, or take other necessary actions to give possession.
Decree for Immovable Property Occupied by Tenant (Rule 36)
Where the property is occupied by a tenant or person not bound to relinquish occupancy:
Delivery shall be made by affixing a copy of the warrant in a conspicuous place.
The substance of the decree shall be proclaimed to the occupant by beat of drum or customary
mode.
