Execution of Decree: Legal Provisions and Application Process
Explore the detailed process of executing a decree under the Code of Civil Procedure, 1908. Learn about the relevant provisions, application procedures, parties involved, and various modes of execution such as attachment, sale, arrest, and more.
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Presentation Transcript
, -221001 Lecture on Execution of Decree Part-II Dharmendra Kumar Gupta Assistant Professor Faculty of Law
Relevant provisions in the Code of Civil Procedure, 1908 Section 36 to 74 and Order XXI *Order XXI contains 106 Rules and is longest of all orders in the Code
Summary of Proceeding Summary of Proceeding Decision as to court by which decrees may be executed ? Decision as to person who may apply ? Against whom execution may be taken out? Drafting of application Procedure on receiving Application Determination of several questions in respect of execution. Adjudication of any claim Execution of decree through various modes for example, attachment , sale, delivery, arrest and detention given in CPC Stay of execution
Application for execution O.21 R.10-25 Who may apply Decree holder Legal Representative in case of death of decree holder Representative or Person claiming under decree holder Transferee of decree One or more of the decree holder Against whom Judgment-debtor Legal Representative in case of death of Judgment- debtor(JD) Representative or person claiming under JD Surety of JD Garnishee
To whom application may be made To the court which passed the decree To the court to which the decree has been transferred The period of limitation is 12 years (Decree for Mandatory Injunction-3 years)
Contents of application General contents writing, signed, verified, suit number, name of parties, date of decree , amount etc Specific Contents Application for- Attachment of movable property- inventory of property with description. Attachment of growing crops- specification of time when it is harvested. Attachment of immovable property-specification of property and the interest or share of JD. Arrest and detention of JD- Grounds on which arrest is applied Attachment of land registered in the office of the Collector- extract of register Decree for the payment of money Application may be oral
