📘 CIVIL PROCEDURE CODE : ORDER XXI

TOPICS:

• EXECUTION OF DECREES AND ORDERS

o Application for execution; oral and written

o Application for arrest to state grounds

o Attachment of movable property not in possession

o Attachment of immovable property

o Receiving application for execution of decree

o Notice to show cause against execution

o Process for execution

o Execution method for decree for payment of money

o Execution method for decree for specific movable property

Preparation for RJS, DJS, PCS (J) and other Judicial Service exams

⚖️ CIVIL PROCEDURE CODE EXPLAINED

The Civil Procedure Code forms the bedrock of any and every Judicial Service exam in the country. Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam. To help such aspirants DELHI LAW ACADEMY JAIPUR has launched a series of study material modules on all important aspects of this vital part of their syllabus:

⚙️ ORDER XXI EXECUTION OF DECREES AND ORDERS

Application for execution

Rule 10

• Where holder of a decree desires to execute it:

• he shall apply

– to the court which passed the decree or

– if the decree has been sent to another court: to that court

Oral application

Rule 11(1)

• Where a decree is for payment of money:

• the court may

– on oral application of the decree holder at the time of passing of the decree

• order immediate execution thereof

– by arrest of the judgment debtor prior to preparation of a warrant

– if he is within the precincts of the court

Written application

Rule 11(2)

• Every other application for execution of a decree

• shall

– be in writing, signed and verified by the applicant and

– contain in a tabular form the required particulars

Application for arrest to state grounds

Rule 11A

• Where an application is made

– for arrest and detention of a judgment debtor

• it shall

– state the grounds on which arrest is applied for or

– be accompanied by an affidavit stating such grounds

Attachment of movable property not in possession

Rule 12

• Where an application is made

– for attachment of a movable property

– belonging to a judgment debtor but not in his possession

• the decree holder

– shall annex to the application

– an inventory of the property containing a reasonably accurate description of the same

Attachment of immovable property

Rule 13

• Where an application is made

– for attachment of any immovable property belonging to a judgment debtor

• it shall contain at the foot

– a description of such property sufficient to identify the same

Receiving application for execution of decree

Rule 17(1)

• On receiving an application

– for execution of a decree under rule 11(2)

• court shall ascertain

– whether requirements of rules 11 to 14 have been complied with

• If they have not been complied with:

• court shall allow the defect to be remedied

– then and there or within a time to be fixed by it

Rule 17(4)

• When the application is admitted:

• the court

– shall enter in a register the application and its date and

– shall order execution of the decree

Notice to show cause against execution

Rule 22

• Where an application for execution is made

– more than two years after the date of decree or

– against legal representative of a party to the decree

• the court executing the decree

– shall issue a notice to the person against whom execution is applied for

– requiring him to show cause why the decree should not be executed against him

Process for execution

Rule 24(1)

• When the preceding preliminary measures have been taken:

• the court

– shall issue its process for execution of the decree

Rule 24(3)

• In every such process:

• a day shall be specified

– on or before which it shall be executed and

• a day shall also be specified

– on or before which it shall be returned to the court

Execution methods for different types of decrees:

1. Decree for payment of money

Rule 30

• Every decree for payment of money

• may be executed

– by detention in civil prison of judgment debtor or

– by attachment and sale of his property or

– by both

2. Decree for specific movable property

Rule 31(1)

• Where the decree is for a specific movable

• it may be executed

– by seizure of the movable if practicable and by delivery thereof to the party to whom it has been adjudged or

– by detention in civil prison of the judgment debtor or by attachment of his property or by both

Sale of attached property

Rule 31(2)

• Where

– such attachment has remained in force for three months

• such property may be sold

• if

– the judgment debtor has not obeyed the decree and

– the decree holder has applied to have the attached property sold

• In cases where an amount has been fixed by the decree

– to be paid as an alternative to delivery of movable property

• court may award to the decree holder such amount

– out of the sale proceeds

• In other cases:

• court

– may award to the decree holder such compensation as it thinks fit

– out of the sale proceeds

• Court shall pay

– the balance of the sale proceeds

– to the judgment debtor on his application

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❓ Frequently Asked Questions – CPC Order XXI (Execution)