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Jan 9, 2020 · By execution, a judgment-debtor is compelled to carry out the mandate of the decree or order. Execution implies giving effect to an order or judgment of a court of justice. When the decree-holder gets the thing granted to him by judgment, decree or order, the execution is complete.
Execution of decrees passed by Revenue Courts in places to which this Code does not extend. 44A. Execution of decrees passed by Courts in reciprocating territory.
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the execution of the decree held by the Decree Holder could be stayed. For the applicability of Order 21 Rule 29 CPC, two conditions are to be fulfilled; (1) a proceeding in execution of the decree of that Court started at the instance of the decree holder against the judgment-debtor and (2) a suit at the instance of.
- Delivery of property. Delivery of property is one of the most famous modes of executing a treaty. According to Order XXI Rule 79, it is said that when the property that is sold is a movable property of which actual seizure has been made, it shall be delivered to the purchaser.
- Attachment and sale of property. Section 60 of the Code of Civil Procedure provides the list of properties which are liable to attachment and sale in execution of the decree.
- Arrest and detention. Section 55 of the Code of Civil Procedure deals with various rules regarding the arrest and detention. According to this Section, The judgment-debtor can be arrested at any time of the day and can be brought before the Court.
- Appointment of receiver. Order XL of the Code of Civil Procedures contains various provisions relating to the appointment of a receiver. The Court will also fix appropriate remuneration for the services provided by the receiver.
As a general rule, territorial jurisdiction is a condition precedent to a court executing a decree, and, therefore, no court can execute a decree in respect of property situate entirely outside its local jurisdiction. An executing court cannot go behind the decree.
Apr 5, 2015 · Provision of CPC relating to execution of decree and order shall be made applicable to both Appeal and Sue. A decree may be executed by the court which passed the judgment and decree or by some other court which is having competency to implement the judgment passed by such other court.
(a) by deposit into the Court whose duty it is to execute the decree, or sent to that Court by postal money Order or through a bank; or. (b) out of Court, to the decree-holder by postal money Order or through a bank or by any other mode wherein payment is evidenced in writing; or. (c) otherwise, as the Court which made the decree, directs.
