Objects

Execution is the enforcement of a decree by a judicial process which enables the decree-holder to realize the fruits of the decree and judgment passed by the competent Court in his favour. The execution is complete when the decree-holder gets money or other thing awarded to him by the judgment, decree or order of the Court.

Order XXI of the CPC is the lengthiest order provides detailed provisions for making an application for execution and the manner that,how they are to be entertained, dealt with and decided.

Outcomes

At the end of this lesson Students will gain the practical knowledge and to apply the following issues.

Execution is the enforcement of a decree by a judicial process which enables the decree holder to realize the fruits of the decree passed by the competent Court in his favour. All proceedings in execution commence with the filing of an application for execution. Such application should be made to the Court who passed the decree or where the decree has been transferred to another Court, to that Court. Once an application for Execution of decree is received by the Court, it will examine whether the application complies with the requirements of Rules (11 to 14). If they complied with, the Court must admit and register the application.

Contents

• INTRODUCTION

• EXECUTION IN GENERAL

• PRINCIPLES WITH REGARD TO EXECUTION OF DECREE AND ORDER

• PROCEDURE IN EXECUTION

• PROCESS FOR EXECUTION

• MODES OF EXECUTION

• CONCLUSION