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Last stage of any litigation
- Execution, thus, is the last stage of any litigation. The court orders execution based on the application filed by the decree-holder. By an order of execution, the judgement debtor is legally compelled by the court to act upon the decree and enables the implementation of the decree.
www.lawinsider.in/columns/execution-under-civil-procedure-code-1908Execution under Civil Procedure Code, 1908 - Law Insider India
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Mar 17, 2021 · Meaning of Execution. Execution of a decree is basically giving effect to the decree passed by the court. Execution, thus, is the last stage of any litigation. The court orders execution based on the application filed by the decree-holder.
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Execution under Civil Procedure Code, 1908. LI Network Mar...
- Execution Petition: Process to execute Decree - Law Insider India
It basically means the process for enforcing the decree that...
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- Introduction
- Meaning, Nature and Scope
- Execution Proceedings Under Crpc
- Transfer of Decree For Execution
- Execution of Foreign Decrees in India
- Execution of Decree at More Than One Place
- Powers of The Transferor Court
- Powers of The Transferee Court
- Powers of Executing Court
- Conclusion
The litigation consists of three stages, initiation of litigation, adjudication of litigation, and implementation of litigation. The last stage of litigation, that is the implementation of litigation is known as an execution. Once a decree or judgment is passed by the court, it is the obligation of the person against whom the judgment is passed (ju...
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...
In Ghan Shyam Das v. Anant Kumar Sinha, the Supreme Court dealt with the provisions of the code relating to the execution of orders and decree and stated that the Code contains elaborate provisions which deal with all questions regarding executability of a decree in all aspects. The Court further observed that numerous provisions of Order 21 take c...
Section 39 provides that when a decree-holder makes an application to the court of the first instance to send the decree for execution to another court, the court of first instance may do the same if any of the following grounds exist: 1. if the judgment-debtor carries on business, or resides or personally works for gain, within the jurisdiction of...
The Code lays down the procedure for execution of foreign judgments and decrees in India. While enforcing a foreign judgment or decree in India it should be ensured that the judgment or decree is a conclusive one, given on the merits of the case and by a court having competent jurisdiction.
There is no provision in the Code which prevents a decree-holder from executing a decree simultaneously at more than one place against the property of the judgment-debtor. In Prem Lata Agarwal vs Lakshman Prasad Gupta & Ors, Supreme Court observed that “simultaneous execution proceeding in more than one place is possible but the power shall be used...
Once a court which has passed a decree and transferred it to another court of competent jurisdiction, it would cease to have jurisdiction over that decree and it cannot execute the decree. Then, only the transferee court can entertain an application for execution.
Under Order 21 Rule 8 of the Code, if a decree under the provisions of section 39 has been sent for execution to another district, it may be executed by either the district court to which it was sent or by a subordinate court which has competent jurisdiction, to which the district court may refer it. Section 42provides for the powers of the transfe...
The section states the jurisdiction and power of the court in executing a 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.
It clearly appears from the above discussion, that execution means implementing or enforcing or giving effect to an order or a judgment passed by the court of justice. The provisions contained in Order 21covers different types of situation and provide effective remedies to the judgment-debtors, claimant objectors and third parties apart from the de...
- 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.
- EXECUTION IN GENERAL. Execution: Meaning. The term “execution” has not been defined in the code. The expression “execution” means enforcement or implementation or giving an effect to the order or judgment passed by the court of justice.
- PRINCIPLES WITH REGARD TO EXECUTION OF DECREE AND ORDER. Provision of CPC relating to execution of decree and order shall be made applicable to both Appeal and Sue.
- PROCEDURE IN EXECUTION: Section 51 to 54 talks about the procedure in execution or mode for execution. Section 51: this section gives the power to the court to enforce the decree in general.
- PROCESS FOR EXECUTION. Order 21 rule 24 and 25 talks about the process for execution. Rule 24: process for execution. The court has inherent power to defer the issue of process as envisaged under Rule 24 and can give time to judgment-debtor in appropriate cases.
Execution of Decree (Order 21) :- Execution is the medium by which a decree- holder compels the judgment-debtor to carry out the mandate of the decree or order as the case may be. It enables the decree-holder to recover the fruits of the judgment.
Simply execution means the process for enforcing or giving effect to the judgment of the court. [2] Execution is the enforcement of decrees and orders by the process of the court, so as to enable the decree-holder to realize the fruits of the decree [3].
Feb 2, 2021 · It basically means the process for enforcing the decree that is passed in favour of the decree-holder by a competent court. As per Rule 2 (e) of Civil Rules of Practice “Execution Petition” means a petition to the Court for the execution of any decree or order.
