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    CPC

    Uploaded by

    Shriyadita Sinha

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    © All Rights Reserved
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    CPC

    Uploaded by

    Shriyadita Sinha
    2 views2 pages

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    2 views2 pages

    CPC

    Uploaded by

    Shriyadita Sinha

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    The word 'execution' is not defined in the C.P.C.

    It simply means the process for enforcing the decree that is passed in favour of the decree holder. As
    per Rule 2 (e) of Civil Rules of Practice “Execution Petition” means the Petition to the court for the
    execution of any decree or order.

    As per Rule 2 (f) of Civil Rules of Practice “Execution application” means an application to the court
    made in a pending Execution Petition and includes an appli cation for transfer, of a decree.

    Execution of a decree or an order or implementation or enforcement of such decree or orders, these are
    important steps since they are concerned with realization of the fruits of the decree or the orders as the
    case may be.

    Quite often, it is said that the difficulty for the decree-holder would commence after obtaining decree
    since there would be several obstacles, the procedural technicalities, which may come in the way,
    several obstructions may be created for realization of the fruits of the decrees or the orders

    The term execution has not been defined in the code. Execution signifies the enforcement or giving
    effect to a judgment or order of a court of justice. Execution is the enforcement of decree & order by
    the process of the court, to unable the decree holder to realise the fruits of the decree. It is the last
    stage of civil litigation. The execution is complete when the judgement-creditor or decree-holder gets
    money or other thing awarded to him by the judgement, decree or order.

    Meaning of execution

     Execution of decrees and orders (Order XXI Rules 1-106)


     The word ‘Execution’ is not defined in Code of Civil Procedure
     It simply means the process for enforcing the decree that is passed in favour of the decree
    holder.
     It is the last stage of civil litigation
     ILLUSTRATION
     A files a suit against B for Rs 10,000 and obtains a decree against him. Here A is the
    decree-holder. B is the judgment-debtor, and the amount of Rs 10,000 is the judgment-
    debt or the decretal amount. Since the decree is passed against B, he is bound to pay Rs
    10,000 to A. Suppose in spite of the decree, B refuses to pay the decretal amount to A,
    and A can recover the said amount from B by executing the decree through judicial
    process. The principle verning the execution of decree and orders are dealt with in
    Sections 36 to 74 (substantive law) and Order 21 of the code( procedural law).

     CASE LAW
     Supreme Court in Ghanshyam Das v. Anant Kumar Sinha, dealing with provision of the
    code relating to execution of decree and orders, stated," so far as the question of
    executability of a decree is concemed, the Civil Procedure Code contains elaborate and
    exhaustive provisions for dealing with it in all aspects. The numerous rules of Order 21 of
    the code take care of different situations providing effective remedies not only to
    judgment-debtors and decree-holders but also to claimant objectors, as the case may be.
    In an exceptional case, where provisions are rendered incapable of giving relief to an
    aggrieved party inadequate measures and appropriate time, the answer is a regular suit
    in the civil court

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