Q: What are the different Modes of Execution of a Decree?

Ans:

Introduction:

            When a person obtains a decree from a court of law against another person, his next step is to get the decree satisfied. The proceeding by which he moves the court for satisfaction of decree is called execution proceedings. There are various modes under C.P.C by which a decree can be executed.

Meaning:

            Execution literally means “Giving effect to or Carrying out”.

Definition:

            According to Oxford Dictionary Execution is the enforcement of the decree and orders by the process of court, so as to enable the decree holder to recover the fruits of the judgment.

OR

Execution means the process by which a decree is adjusted or satisfied.

Relevant Provisions:

            Section 36 – 74 of order 21 C.P.C is relevant provisions to the concerned topic.

Modes of Execution of Decree:

            Following are different modes of execution of decree.

·         Decree for Payment of Money: According to order 21 rule 30 of C.P.C, “Every Decree for the payment of money, including a decree for the payment of money as the alternative to some other relief, may be executed,

·         By detention in the Civil Prison of the judgment Debtor or,

·         By the attachment and sale of his property, or 

·         By both.

·         Decree for Specific Movable Property: According to Order 21 rule 31 sub rule 1 of C.P.C, “Where the decree is for any specific movable or for any share in specific movable property, it may be executed,

·         By the seizure if practicable, of movable or share and 

·         By the delivery thereof to the party to whom it has been adjudged, or as to such person as he appoints to receive delivery on his behalf, or 

·         By the detention in the Civil Prison of the Judgment Debtor, or 

·         By the Attachment of this property, or 

·         By both (Prison & attachment of Property)

·         Decree for specific performance for restitution of conjugal rights or for an injunction: According to Order (21) rule (32) of C.P.C, “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 willfully failed to obey it, the decree may be enforced, in the case of a decree for restitution of conjugal rights,

·         By the attachment of his property, or in the case of a decree for specific performance of a contract or for an injunction.

·         By his detention in Civil Prison, or

·         By his detention in Civil Prison, or 

·         By the attachment of his property, or 

·         By both

·         Decree for Immovable Property:

According to Order 21 rule 35 sub-rule-1 of C.P.C, “Where a decree is for the delivery of an immovable property, possession, thereof shall be delivered to the party to whom it has been adjudged, or to such person as he may appoint to receive delivery on his behalf and if necessary, 

·         By removing / dispossessing any person bound by the decree who refuses to vacate the property.

Power of Court to enforce Execution:

            The provisions of section (51) C.P.C, enumerates in general terms the various modes, in which the court may in its discretion order the execution of a decree according as the nature of the relief granted may require. This section states generally the powers of the court in regard to the execution of decree leaving the detail to be determined by the rules.

Section 51 C.P.C:

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

·         By delivery of any property specifically decreed.

·         By attachment and sale or by sale without attachment of any property.

·         By arrest and detention in prison.

·         By appointing a receiver.

·         In such other manner as the nature of the relief granted may require.

Court by which decree may be executed:

            According to Section 38 C.P.C, a decree may be executed either by the court which passed it, or by the court to which it is sent for execution.

What decrees may be executed:

·               The decree of a court against which no appeal has been made shall be executed after expiry of the limitation period.

·               Where a decree is reversed, modified on appeal, the only decree capable of the execution is the appellate decree, but exceptionally where the appellate judgment simply dismisses the appeal. General rule that the appellate decree alone is to be executed, does not apply and the court should look at the later decree for the information of its contents.

Conclusion:

            In the conclusion we can say that execution means the process by which a decree is adjusted or satisfied. Decrees can be executed by various modes. Decree for payment of money can be executed by the detention in the civil prison of the judgment debtor, or by attachment and sale of his property or by both. Similarly various decrees i.e. decree for specific movable property, for specific performance, for execution of document, for immovable property can also be executed by above explained modes.