EXECUTION Section 51-54 & Order 21 of Code of Civil Procedur

EXECUTION: Section 51-54 & Order 21 of Code of Civil Procedure, 1908
Definition:
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.
Application for the Execution:
It can be made by the:
1. Decree holder
2. His legal representative
3. Any person claiming under the decree holder.
4. Transferee of Decree holder who has given notice to transferor and judgement debtor.
5. Any one or more of the Decree holders where it is for benefit of all, and no contrary
intention is indicated.
Against Whom it is made:
Against the judgment-debtor or his legal representative.
Section 51: An application for execution of the decree can either be oral or written. The court
may execute decree as per the mode of implementation prayed by the decree-holder or as the
court deems fit.
Section 52: deals with decree passed against legal representative of judgment debtor. a decree
can be executed against the property, if it is for the payment of money out of the property of the
deceased and if the decree has been passed against the party as the legal representative of the
deceased person.
APPLICATION:
A court cannot order execution sou motu, but only upon the application in this behalf made by
the decree holder. (order 21 rule 11)
An application for the execution of the decree is to be in writing. Where a decree has not yet be
drawn up, the execution cannot be proceeded with.
PROCEDURE ON RECEIVING APPLICATION FOR EXECUTION: (ORDER 21,

RULE 17)
It is mandatory upon the court to scrutinize the application for execution and see if it is in
accordance with the rules 11 to 14, and to admit the application whether it complies therewith, or
to reject the application or to allow the application with amendments within the time to be fixed
by it. It is discretionary with the court to adopt either of the two alternatives, but ordinarily the
amendment is allowed where the defect is of the formal character, or where the court official
fails to check entries. Where it does neither the court after the expiry of limitation reject the
application.
APPEAL: an order under rule 17 is not appealable.
PROCESS OF EXECUTION: (ORDER 21, RULE 24)
The process to be issued by the court should be signed by the judge or such officer as the court
may appoint on his behalf. It is mandatory to stamp the process with the seal of the court. The
person to whom the process is entrusted for execution is to be named therein.
A date is to be specified on or before which the process is to be executed and after such date it
ceases to be executable. The officer should have a warrant in his possession otherwise the arrest,
or attachment, will be illegal.
MODES OF EXECUTION:
The code sets down different methods of execution. After the decree holder files an application
for execution of decree, the executing court can implement execution. A decree can be enforced
by:
• By delivery of any property specifically decreed.
• By attachment and sale or by sale without attachment of the property.
• By arrest and detention.
• By appointing a receiver.
• By effecting partition.
• Any such manner which the nature of relief requires.
DECREE RELATED TO PAYMENT EXECUTED:
By going through Order 21 rule 30 of C.P.C, every decree for the payment of money, including a
decree for the payment of money as the alternative to some other relief, may be executed by
detention in the Civil Prison of the judgment debtor or, by the attachment and sale of his
property, or by both.
SPECIFIC MOVEABLE PROPERTY EXECUTION:
According to Order 21 rule 31(1) of C.P.C, when the decree is for any specific movable property,
the execution can take place in any of the following made:
• By seizure and delivery of the property.

• By detention of the judgement debtor.
• By attachment of his properly.
• By attachment and detention both.
EXECUTION OF IMMOVABLE PROPERTY:
According to Order 21 rule 35 sub-rule-1 of C.P.C, A court executing a decree has the power to
attach the property and sell the property or portion thereof which is sufficient to satisfy the
decree. After such attachment the first step is issuing a proclamation of sale. Such a proclamation
shall be prepared after notice to both the sides and shall comprise of following details: -
• Time and place of sale.
• Details of property or part thereof to be sold.

• Revenue if any attached to property.
• Encumbrance to which the property is liable.
• Amount to be recovered under the decree.
• Such other particulars which court considers material.

EXECUTION Section 51-54 & Order 21 of Code of Civil Procedur

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EXECUTION: Section 51-54 & Order 21 of Code of Civil Procedure, 1908

Application for the Execution:

It can be made by the:

Against Whom it is made:

Against the judgment-debtor or his legal representative.

PROCEDURE ON RECEIVING APPLICATION FOR EXECUTION: (ORDER 21,

APPEAL: an order under rule 17 is not appealable.

PROCESS OF EXECUTION: (ORDER 21, RULE 24)

• By delivery of any property specifically decreed.

• By attachment and sale or by sale without attachment of the property.

• By arrest and detention.

• Any such manner which the nature of relief requires.

DECREE RELATED TO PAYMENT EXECUTED:

SPECIFIC MOVEABLE PROPERTY EXECUTION:

• By seizure and delivery of the property.

• By attachment of his properly.

• By attachment and detention both.

EXECUTION OF IMMOVABLE PROPERTY:

• Time and place of sale.

• Details of property or part thereof to be sold.

• Encumbrance to which the property is liable.

• Amount to be recovered under the decree.

• Such other particulars which court considers material.

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