What are the modes of executing a decree in CPC
Under, Rules 30 to 57 of Order 21 of Code of Civil Procedure 1908, the mention has been made of modes of execution of the decree.
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 term execution has not been defined in the code
The application for execution can be made by
(b) The legal representative of decree-holder
(c) The transferee of Decree holder who has given notice to transferor and judgment debtor.
(d) Anyone who will get the ultimate benefit from that judgment.
There are different methods of execution of decrees passed in different cases.
(1) The decree passed for payment of money
The execution of the decree passed for payment of money can be included in any alternative decree and can be executed in the following ways:
(a) By putting the Judgement debtor in Civil prison
(b) By attaching and selling the property of judgment debtor
Here it is to be mentioned that for payment of money no woman can be arrested(section 56)
In G Prabhat Bhai natha Bhai VS Pandya Arvind Kumar Ambalal it has been decided that the judgment debtor can be arrested and put in prison only if it is shown by the decree-holder that
The judgment debtor has sufficient resources to make the payment, but
He does not want to pay
But if payment is made by judgment debtor including all expenses then he will be released.
Under section 58, the period of detention has been mentioned
(a) Shall not exceed three months if the decree is for more than five thousand rupees
(b) Shall not exceed six weeks if the decree is for more than Rs Two thousand but less than Rs five thousand
It is clear that if the decree is for less than Rs 2000, the judgement debtor cannot be arrested and detained.
(2) Decree for Specific performance of contract, restitution of conjugal rights or injunction
Under Rule 32, order 21, mention has been made of the execution of following decrees.
(a) Decree for specific performance of the contract
(b) Decree for restitution of conjugal rights; and
(c) Decree for an injunction
Where the judgment debtor has got sufficient opportunity to honor such decree but he did not honor it deliberately, then
• In case of decree for restitution of conjugal rights, the property of such person can be attached
• In case of decree for specific performance of contract or injunction, the property can be attached or the person can be detained or both can be done.
In Vs Alwar Aiyyagar V/s Guru Swami Thewar the high of madras has decided that where in case of the perpetual injunction if the decree is not honored, by such person then he can be arrested and detained in civil prison.
If the decree remains in force for six months and it is not honored, then the attached property will be sold and the proceeds due will be paid to the decree-holder and the remaining will be returned to the judgment debtor
(3) Decree for Immovable Property
Order 21 rule 35 deals with the sale of immovable property.
If the decree is for delivery of any immovable property, then the execution of such degree will be made by giving the possession to the decree-holder or any officer appointed in that behalf.
If the decree is for joint possession of the immovable property then by affixing the copy of the warrant at some visible place the decree will be announced at some convenient place by beating drums.
If any possession of building is to be given to the decree-holder and possession holder does not allow decree-holder to reach there, the court may appoint such an officer who may unblock, break doors and deliver the possession to the decree-holder. But if any pardanashin women live in that building then she will be given a reasonable time to leave that place.
(4) Decree for Specified moveable property
Under Rule 31(1) of order 21 of the code, the modes of execution of decrees passed for the specific moveable property. The execution of such decrees can be made by the following methods:
(a) By seizure, if such moveable property can be seized.
(b) By Detention of Judgement debtor in civil prison
(c) By attachment
(d) by both detention and attachment
If such attachment remains in force for a period of 3 months and the judgment debtor does not honor the decree than such attached property can be sold at the request of decree-holder and out of that, such amount will be paid to the decree-holder.
(5) Decree for Execution of documents, their writing, and endorsement
Under Rule 34 order 21 the provision has been made for the execution of the decree. When judgment debtor refuses or neglects to honor the decree for endorsement or execution of written documents then the decree-holder will prepare the draft of such document and submit before the court.
One copy of such a draft will be sent to the judgment debtor and will be asked to submit his objections.
On receipt of such objection, if the court thinks may amend the draft of such documents and the decree-holder will submit such an amended draft on the required stamp paper before the court.
If the registration of such a document is necessary then such a document will be got registered.