Project

Report

Modes of Execution of
Decrees
Submitted To:
Dr. Karan Jawanda

Submitted By:
Rewant Mehra
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 73/16
B.A. LLB. (Hons.)
Semester - 8
Section – B

ACKNOWLEDGMENT

Apart from the efforts of myself, the success of any project depends largely on the
encouragement and guidelines of many others. I take this opportunity to express my gratitude to
the people who have been instrumental in the successful completion of this project. I would like
to show my greatest appreciation to Dr. Karan Jawanda. I can’t say thank you enough for her
tremendous support and help. I feel motivated and encouraged every time I attend her class.
Without her encouragement and guidance this project would not have materialized. The guidance
and support received from all the members who contributed and who are contributing to this
project, was vital for the success of the project. I am grateful for their constant support and help.

Moreover, I would like to acknowledge my family and friends for the guidance and support they
give. The effort is as much is theirs as is mine.

REWANT MEHRA
B.A.LL.B (HONS.)
8TH SEM
73/16

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 TABLE OF CONTENTS

INTRODUCTION…………………………………………………...4

EQUAL PAY FOR EQUAL WORK…………………………..……5

CASE LAW………...…………………………………….…………6

RANDHIR SINGH V/S UOI……………….…………………………6- 10

BENCH ……………………………………………………………………………….…….6

FACTS……………………………………………………………………….………….……6

ARGUMENT ADVANCED BY PETITIONER……………………………………………7

ARGUMENT ADVANCED BY RESPONDENT………………………………….……….8

JUDGMENT…………………………………………………………………………..……….9

CONCLUSION……………………………………………………….11

BIBLIOGRAPHY……………………………………………………..12

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 INTRODUCTION

The code lay down various modes of execution. After the decree-holder files an application for
execution of a decree, the executing court can enforce execution. The substantive provision
(section 51 “ merely enumerates different modes of execution in general terms, while the
conditions and the limitations under which alone the respective mode can be availed of are
prescribed further by different provisions”.(Order 21)

A decree may be enforced by the delivery of any property specified in the decree, by attachment
and sale or by sale without attachment of any property, or by arrest and detention in civil prison
of the judgment-debtor or by appointing a receiver, or by effecting partition, or in such other
manner as nature of the relief may require.

EXECUTION: When a person obtains a decree from a court of law against another person, his
next step is to get the decree satisfied. The proceeding by which he moves the court for
satisfaction of decree is called execution proceedings.

Execution is the medium by which a decree holder constrains the judgment-debtor to do the
command of the decree or order as the case may be. It empowers the decree holder to recover the
products of the judgment. The execution is finished when the judgment-creditor or decree holder
gets cash or other thing granted to him by judgment, decree or order.

The term “execution” has not been defined in the code. The expression “execution” simply
means the process for enforcing or giving effect to the judgment of the court. The principles
governing execution of decree and orders are dealt with in Sections 36 to 74 and Order 21 of the
Civil Procedure Code.

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Order 21 of the Code of Civil Procedure deals with the solemn act of execution of the decrees
passed by the Courts from grassroots to the top. Ultimately, after the judgment attains finality or
where there is no stay in the execution by any Appellate or Revisional Court, it is the Court of
original jurisdiction which performs this sacred act of implementation of the execution As such,
the decrees are required to be executed with force, so that the Decree Holder having a document
containing declaration of his rights may not feel cheated or helpless having earned no fruits of
the Lis got settled by him from the Court even after spending decades altogether.

CHOICE OF MODE OF EXECUTION

The code allows more than one mode of execution of decrees. As a general rule, a decree-holder
has an option to choose a particular mode of executing and enforcing a decree passes by a
competent court in his favour. It is for him to decide in which mode he will execute his decree.
This power however, is “subject to such conditions and limitation as may be prescribed” by the
code. It is also subject to the discretion of the court.

There are various modes of execution that is acceptable according to Section 51 of the Code of
Criminal Procedure. According to this section, the various modes of execution of a decree are:

 Delivery of any property which is specifically mentioned in the decree;

 Attachment and sale of property;

 Sale without an attachment of property;

 The arrest of the judgment debtor;

 Detention of the judgment debtor;

 Appointment of a receiver.

Section 47 of the Code of Civil Procedure provides certain questions to be determined by the
Court before executing the decree. The Court has to determine all questions arising between the
parties to the suit, like:

 Execution of decree;

 The satisfaction of decree;

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  Discharge of the decree;

 The Court can also determine whether the person is representative of a party or not.

The application of execution has to be filed by the decree-holder and the application can either
be an oral application or written application.

SIMULTANEOUS EXECUTION

Order XXI Rule 21 of the Code of Civil Procedure deals with the simultaneous execution.
According to this rule, the court in its discretion may refuse execution against the person and
property of the judgment-debtor at the same time.

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 DISCRETION OF COURT

Section 38 of the Code of Civil Procedure provides that there are two courts which are competent
to execute the decree, they are:

 The Court which has passed it;

 The Court where it is sent for execution.

Section 39 of the Code of Civil Procedure provides the rules regarding the transfer of decree to
other Courts for execution. According to this Section, the Court can transfer the decree to
another Court of competent jurisdiction after the application of decree-holders for various
reasons like:

 The person against whom the decree is passed resides or carries out business within the
local limits of the jurisdiction of other Courts.

 The property of the person is not within the jurisdiction of the Court passing the decree,
then the execution order can be transferred to other courts that are competent.

 If the decree has provided directions to sell the property or deliver the property that is not
situated within the jurisdiction of the court, then the execution order can be transferred.

 The Court will also take other valid reasons into consideration other than these reasons.

The Court on its own motion can transfer the execution order to subordinate courts or other
courts of competent jurisdiction. Order XXI Rule 6 provides various procedures that have to be
followed when the court desires to transfer the decree to the other court for execution. When

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there is a transfer, then the documents relating to the case like a copy of decree and certificate for
the satisfaction of the decree should be sent to the latter Court as mentioned in Rule 6. Section
40 of the Code of Civil Procedure allows the Court to transfer the case to competent Courts in
another State. Section 42 of the Code of Civil Procedure provides the Court where the decree is
transferred for execution will have the same powers as if the decree was passed by that Court. 

MODES OF EXECUTING DECREES

There are various ways to execute a decree, the Court has to follow the appropriate rules
provided in Order 21 while executing a decree. According to Order XXI Rule 10, an application
has to be filed in the Court by the decree-holder if he desires to execute it.

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. Rule 35 of the Order XXI discusses
the rules regarding the decree of immovable property. According to this rule,

 When the decree is for the delivery of immovable property, the property can be delivered
to the person to whom it has been adjudged or to the representative of that person;

 This delivery has to be made after removing any person bound by the decree who refuses
to vacate the property;

 When the decree is for the joint possession of the immovable property, the possession
shall be delivered after affixing the copy of the warrant in a place that is visible;

 When the person in possession is not providing free access to the property, then the Court
can remove or open any lock or bolt or break open any door or do any other act necessary
for putting the decree-holder in possession after giving proper warning to the women in
that property.

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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. The list which is liable to be attached for
enforcement of decree according to this Section is:

 Land;

 Houses or other buildings;

 Goods and Money;

 Banknotes and cheques;

 Bill of exchanges and promissory notes;

 Hundis;

 Government Securities, bonds and other securities for money;

 Debts; 

 Shares in the corporation;

 All other saleable property that belongs to the judgment-debtor which can be movable or
immovable.

Section 61 of the Code of Civil Procedure provides a partial exemption of agricultural produce.

Order XXI, Rule 3 of the Code of Civil Procedure provides that if the immovable property is
located in more than the local limits of the jurisdiction of one or more courts, then one of the
Court can sell and attach the property. According to Order XXI, Rule 13, there has to be certain
information in the application for attachment of immovable property. According to Order XXI,
Rule 31, the decree for the specific movable property can be executed by:

 Seizure of the property if it is practicable;

 Delivery of the property to the person whom it has been adjudged;

 The detention of judgment-debtor in the civil prison.

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Rule 41 of the Order XXI provides power to provide orders to the Court to examine the property
of judgment debtor. The court may provide orders to the judgment debtor or officers in the case
of firms to submit the relevant books and documents for examination. The value of the property
is assessed in order to examine whether it would be sufficient for satisfying the decree. The
judgment debtor, the officer in the case of corporations and any other relevant person can be
orally examined. According to Section 64 of the Code of Civil Procedure, any private alienation
or transfer of property after the attachment, then the transfer would be considered as
void. Section 74 of the Code of Civil Procedure provides power to arrest the judgment-debtor if
they have obstructed or restricted the decree-holder from obtaining possession of any immovable
property. The judgment debtor can be detained in prison for thirty days by the order of the Court.

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.

 The detention of the Judgment debtor should be in civil prison.

 No officer can enter the dwelling-house after sunset and before sunrise for making an
arrest.

 The officer should release the judgment debtor once the amount is paid.

Rule 37 of the Order XXI in the Code of Civil Procedure provides discretionary power to the
judgment debtor to show cause against detention in prison. According to this rule:

 Where the application is made for the execution of the decree for the payment of money
by the arrest and detention of a judgment-debtor in the civil prison, then the Court
provides an opportunity to the judgment debtor to show cause why he should not be sent
to the civil prison.

 The Court provides notice to the judgment debtor to appear before the court on a
specified date and provide show cause.

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  The Court will also not provide the notice in certain situations, for example, if the court
feels it would delay the process of execution or the judgment debtor might abscond
within that time.

According to Rule 38, the warrant for the arrest of the judgment debtor will direct the officer
authorised for execution to produce him in the Court within a reasonable time. Rule 39 of Order
XXI is an important provision that deals with the subsistence allowance. The decree-holder has
to pay a certain sum that is fixed by the Court for the maintenance of the judgment debtor in the
civil prison from the time of his arrest until he can be brought before the Court. No judgment
debtor can be arrested if the decree-holder has not paid the subsistence allowance. Section 56 of
the Code of Civil Procedure provides protection to women and according to this Section, women
cannot be arrested in the execution of the decree for money. The scale for the monthly allowance
is fixed under Section 57 of the Code of Civil Procedure or else Court can fix an amount that it
thinks is sufficient. The payment has to be made in advance to the authorized officer in the
beginning and the officer of prison in the later stage. The sums disbursed by the decree-holder
for the subsistence of the judgment-debtor in the civil prison and it shall be deemed to be costs in
the suit. Rule 40 provides various proceedings that have to be followed after the appearance of
judgment debtor after providing the notice. Section 58 of the Code of Civil Procedure deals with
the rules regarding the detention and release. According to this section, the judgment-debtor can
be detained in the civil  prison:

 For a period not exceeding three months- When the decree amount is more than a
thousand rupees;

 For a period not exceeding six weeks- When the decree amount is for the payment of a
sum of money exceeding five hundred rupees, but not exceeding one thousand rupees.

Section 59 of the Code of Civil procedure provides the judgment debtor can be released on the
grounds of illness. 

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

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provided by the receiver. The Court can appoint an impartial person known as a receiver before
or after the decree for:

 Management and protection of the property; 

 The collection of the rents and profits;

 The application and disposal of rents and profits;

 The execution of documents;

 The Court also provides other powers than the above-mentioned power if it thinks fit.

There are various duties of a receiver that is provided in this Order like:

 Furnishing any security asked by the Court;

 Submission of  accounts at periods that he is appointed and in such form as the Court
directs;

 Being responsible for any loss that has occurred to the property by the wilful default or
gross negligence of the receiver;

 Paying the amount due to him as the Court directs.

The Court can also sometimes attach and sell the property of the receiver in order to recover the
loss occurred because of him and can give the remaining amount to the receiver after
compensating the loss. The Collector can also be appointed as a receiver when the property is
land that is paying revenue to the Government or the land in which the revenue has been
assigned or redeemed, the Court can appoint a Collector as the receiver with their consent.

Partition

Rule 18 of the Order XX of the Code of Civil Procedure deals with the decree in the suit for
partition of property. When the Court passes the decree for partition of any movable or
immovable property and if there is any difficulty in partition the Court can pass a preliminary
decree which clearly demarcates the different rights of the property. When the decree of partition
relates to the estate assessed to the payment of revenue to the Government, the partition can be

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made by the Collector or any other gazetted officer who is subordinate to the Collector and the
gazetted officer has to be appointed by the Collector themselves.

Cross-decrees and cross-claims

Rule 18 of the Order XXI provides rules regarding the execution in cases of cross-decrees. The
application of cross decrees can be executed by the Court at the same time when the applications
are made to a Court in separate suits for the payment of two sums of money passed between the
same parties in various situations; like, if the two sums are equal, then the satisfaction shall be
entered upon both decrees. There are also situations if the two sums are unequal then it can be
executed only by the holder of the decree for the larger sum and for the amount which remains
after deducting the smaller sum. This cannot be applied when the decree-holder in one of the
suits is the judgment-debtor in the other and each party files the same character in both the suits.
For example, if A holds a decree against B for Rs. 1,000. B holds a decree against A for the
payment of Rs. 1,000 in that case then the decree can be executed at the same time and can be
satisfied as the amount is equal.

Rule 19 of the Order XXI provides rules regarding the execution in cases of cross-claims. It is
considered as a cross-claim when the application is made to a Court for the execution of a decree
under which two parties are entitled to recover sums of money from each other. There can be
satisfied when the amount is equal or if the amount is unequal execution may be only carried out
with the person entitled to the higher claim.

Payment of money

Order XXI Rule 1 provides the various methods of paying the money under the decree.
According to this rule:

 The money can be paid by deposit into the Court who is competent to execute the decree;

 The money can be sent to the Court by money order or by bank deposit;

 The money can also be paid outside the Court to the decree-holder by the method decided
before in writing;

 The Court can also direct other methods in the decree.

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If the money has been paid by postal money order or through a bank, there are various details
that have to be mentioned like the number of the original suits, the details of the parties; like,
their name, how the money remitted is to be adjusted and name and address of the payer. Order
XXI Rule 2 provides various rules relating to decree-holder payment out of Court. The
Judgment-debtor has to inform the Court about any payments that are made outside the
Court. Rule 30 provides that the decree for payment of money can be executed by the detention
of judgment-debtor in prison or by attachment and sale of his property. Rule 32 of the Order
XXI provides ways to enforce the decree for specific performance of a contract. The decree for
specific performance of a contract if wilfully disobeyed by any parties can be enforced by the
detention of judgment-debtor in the civil prison, or by the attachment of property of the judgment
debtor, or by both methods. The same procedure has to be followed for the cross-decrees and
cross-claims in the mortgage suits.

Injunction

Rule 32 of the Order XXI provides ways to enforce the decree for an injunction. The decree can
be executed by the detention of judgment holders in the civil prison or by attachment of property,
sometimes both of the processes are carried out to enforce the decree for an injunction. This
procedure has to be followed if the person willfully disobeys the decree.

Restitution of conjugal rights

 Rule 32 of the Order XXI provides ways to enforce the decree for restitution of conjugal
rights. The decree for restitution of conjugal rights if wilfully disobeyed by any parties
can be enforced by attachment of the property. 

 Rule 33 of the Order XXI deals with the execution of conjugal rights against the husband
and according to this rule, the judgment debtor has to make periodical payments to the
decree-holder if the decree is not obeyed within a specified time. The Court can modify
the rules regarding the periodic payments from time to time and in certain situations, it
can also suspend the payment. Any money ordered to be paid under this rule may be
recovered as though it were payable under a decree for the payment of money.

Execution of document

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Rule 34 of the Order XXI deals with the various procedures that have to be followed for the
execution of the document. According to this rule,

 When the judgment debtor disobeys the decree of execution of documents, the decree-
holder has to prepare a draft of the document and has to present it before the Court;

 The Court will present the draft to judgment debtor for him to raise any objects if any
present and also Court will fix a particular time within which the judgment debtor can
make his objection;

 The Court shall make orders to approve or alter the draft after receiving objections from
the judgment holder;

 The decree-holder shall deliver a copy of the draft to the Court after making any
alterations as the Court may have directed upon the proper stamp-paper if a stamp is
required by the law for the time being in force; 

 The Judge or such officer as may be appointed in this behalf shall execute the document
so delivered;

 The Court or officer authorized by the Court has to register the document if the
registration of the document is required by the law. If the registration is not required but
still the decree-holder wishes to register the document the Court has to make necessary
orders;

 The Court may make orders regarding the expenses of the registration.

Endorsement of the negotiable instrument

Rule 51 deals with the endorsement of a negotiable instrument. According to this rule, the
attachment of the negotiable instrument can be completed by the actual seizure of the instrument
if it is not deposited in a Court and it is not in the custody of a public officer. The negotiable
instrument should be brought into Court and is kept in the custody of Court until further orders
of the Court.

Attachment of rent, mesne profits, etc.

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According to Rule 42, where a decree directs for an inquiry regarding the rent or mesne profits or
any other matter, then the property of the judgment-debtor may be attached for the amount due
similar to the case of an ordinary decree for the payment of money.

Liability of surety

Section 145 of the Code of Civil Procedure provides rules regarding the enforcement of liability
of surety. According to this Section, any person who has provided security or has given a
guarantee for the performance of the decree or any part of the decree, for the restitution of any
property that is taken in execution of the decree and for payment of any money in the decree is
considered as the surety. The surety is liable in the same manner as he is personally liable and his
property that is attached can also be sold for recovering the loss of decree-holder. The surety is
also considered as a party to the suit according to Section 47 of the Code of Civil Procedure.

Decree against corporation

According to Rule 76, where the property to be sold is a negotiable instrument or a share in a
corporation, the Court instead of providing directions for the sale to be made in public auction
can authorize a broker to sell such an instrument or share. Rule 32(2) of the Order XXI provides
that the decree of injunction or specific performance passed against the corporation, then the
decree may be enforced by the attachment of the property of the corporation or by the detention
of the directors or important officers of the corporation in the civil prison.

Decree against firm

Rule 50 provides various provisions relating to the execution of a decree against the firm.
According to this rule, when the decree is granted against a firm the execution may be granted
against,

 Any property of the partnership;

 Against any person who is adjudged to be the partner of the firm;

 Any person who is considered as a partner and is individually served with the summons
and has failed to appear.

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Attachment of decree

Rule 53 of Order XXI deals with the attachment of a decree. According to this rule when the
property to be attached is a decree, then the attachment can be made by the order of Court which
passed the decree. There are certain situations when the decree is passed by other Court and the
order is sent to another Court for enforcement then the court which passes the decree has to
provide a notice to the latter Court. The Court after the application of the decree-holder sought to
be executed by the attachment of another decree, the Court making an order of attachment under
this rule shall give notice to the judgment-debtor who is bound by the decree that is attached.

Payment of icons or currency notes

Rule 56 of Order XXI of the Code of Civil Procedure deals with the provisions where the
property attached is current coin or currency notes, the Court at any time during the continuance
of the attachment, can direct that such coin or notes, or a part thereof if it is sufficient to satisfy
the decree, to be paid over to the party entitled under the decree.

CONCLUSION

There are various methods of execution of a decree under the Code of Civil Procedure. It is the
duty of the Court to assess the facts of each and every case and provide appropriate relief to the
decree-holder without any delay. The Court has to follow the procedures which are provided
under the Orders of the Code of Civil Procedure before executing a decree and choosing the
appropriate mode of execution.

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