execution

Execution is the final stage of a civil suit. Sections 36 to 74 and Order XXI of the Code of Civil Procedure, 1908 govern it. The decree-holder applies to the court that passed the decree or to which it is transferred. Modes of execution (s.51) include delivery of property, attachment and sale, arrest and detention in civil prison, and appointment of a receiver.

All questions between the parties relating to execution, discharge or satisfaction of the decree are decided by the executing court, not by a separate suit (s.47). The executing court cannot go behind the decree unless it is a nullity. Limitation for execution is generally twelve years (Article 136, Limitation Act, 1963). Under Order XXI Rule 37, arrest of a judgment-debtor needs notice first; inability to pay is a defence.

Example

The objection that the decree had been satisfied out of court must be decided by the execution court itself under s.47 CPC.

In Indian law

• Sections 47 and 51, and Order XXI, Code of Civil Procedure, 1908
• Article 136, Limitation Act, 1963

See also

decree · decree-holder · execution of deed

Read more in the study notes

• Execution, suspension, remission and commutation of sentences; mercy petitions (Bharatiya Nagarik Suraksha Sanhita)
• Lok Adalats and Permanent Lok Adalats (Alternative Dispute Resolution Systems)
• Enforcement of arbitral awards and foreign awards (Alternative Dispute Resolution Systems)
• Penal provisions for dishonour of cheques (ss.138-148) and the Bankers' Books Evidence Act, 1891 (Banking Law)
• Definitions, classification of offences, and the courts, prosecution and police under the BNSS (Bharatiya Nagarik Suraksha Sanhita)
• Punishments under the BNS, including community service (Bharatiya Nyaya Sanhita)