Decrees are subject to the same rules of execution. Once the decrees are carried out, the remedy is sought after. Deeds must be carried out in order for the proceedings to proceed. The procedure must be swift and efficient in order to enable the impacted party to receive the appropriate relief. It must also be thoroughly executed. The Code of Civil Procedure’s Order XXI addresses the carrying out of decisions and orders.
execution of decree meaning
- The CPC contains no definition for the word “execution.” The act of carrying out, upholding, or giving effect to a court of justice’s order or verdict is referred to as “execution.”
- In simple terms, “execution” refers to the act of putting the court’s decree or judgment into effect by requiring the judgment debtor to follow the directives in the decree or order and allowing the decree holder to retrieve the item that was awarded to him by the decree.
what are the various modes of execution of decree under cpc?
A decree may be carried out in a number of ways, but the Court must adhere to the relevant guidelines outlined in Order 21. Order XXI Rule 10 states that in order for the decree-holder to have it executed, he must submit an application to the court. The various modes of execution of decree cpc are as follows:
Through Delivery of Property:
- Movable Property: In the event that the property is movable, the decree is carried out by taking possession of it and giving it to the decree-holder or another individual he appoints. The confiscated moveable property must be handed to the buyer if it is going to be sold.
- Immovable Property: Immovable property may be delivered to the individual to whom it has been awarded or to that person’s representative when the decree calls for the delivery of such property.
Through Attachment and Sale of Property:
- On the decree-holder’s request, a decree may also be carried out by attachment and sale, the only sale in which no property is attached.
- The code establishes the process for achieving attachment and acknowledges the decree-holder’s authority to seize the judgment debtor’s property in an execution case.
Through Arrest and Detention:
- One way to carry out an order is by an arrest. Arrest and custody are covered under Section 55 of CPC.
- If the decree calls for payment of money, the judgment debtor may be placed in civil imprisonment to carry out the terms of the ruling.
- According to Rule 38 of CPC, in order to arrest the judgment debtor, the officer designated for execution must obtain a warrant.
By Appointment of a Receiver:
- The several clauses pertaining to the receiver’s appointment are contained in CPC Order XL.
- The Court has appointed the receiver, who is a neutral, unbiased third-party person.
- The Court is also able to decide how much the receiver will be paid for the services they rendered. The receiver is required to:
- Oversee and safeguard the property
- Assume responsibility for the collection of rent and earnings from the property.
- Oversee the application and distribution of rent and profits.
- Be cautious when executing documents.
- The receiver may be granted further authority by the court at its discretion.
Through Partition:
- The decree in the property division litigation is covered under Order XX, Rule 18 of the Code of Civil Procedure.
- When a court issues a judgment for the division of any kind of property, whether it be immovable or mobile, and if the process proves onerous, the court may issue an interim decree that precisely defines each property’s various rights.
- The Collector or any other gazetted person who reports to the Collector and who must be selected by the Collector themselves may make the partition decree when it comes to the estate assessed for the purpose of paying taxes to the Government.
Through Cross decrees & Cross-claims:
- The CPC’s Order XXI, Rule 18, lays forth the guidelines for execution in cases involving cross-decrees. When petitions are filed with a court through separate suits, the court may execute both concurrently in order to pay the two amounts of money that were transferred between the same parties or individuals.
- Cross-claim scenarios are governed by the rules for execution outlined in Order XXI Rule 19. When two distinct parties who owe each other money file an application with the court to execute a decree, it’s known as a cross-claim.
Through Payment of Money:
The numerous ways to pay the money required by the decree are outlined in Order XXI Rule 1 of CPC. In line with this regulation:
- The money may be deposited into the court that has the authority to carry out the decree;
- It may be sent there by money order or bank deposit;
- It may also be paid to the decree holder outside of the court using a previously agreed-upon method;
- The court may also specify other methods in the decree.
Therefore, the method used by the courts to execute a decree in the decree holder’s favour is called execution. An adequate remedy must be given to the decree-holder in the event that the judgment debtor fails to comply with the decree, as the mere passing of a decree is insufficient. Due to the severity of these modes, which include detention and judgment, the debtor is left with little choice except to comply with the decree’s demands and pay the stipulated amount.
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