CPC-EXECUTION EXECUTION (C.P. Code)

Execution Scheme under the Code Decrees and Orders are “Enforced / implemented” through execution; Substantive Law - Part II (Ss.36 to 74); Procedural Aspect - O. XXI;

Executing Court (S. 37) The Court “which passed” a decree; If passed in exercise of appellate Jurisdiction - The Court of first instance or; Notional first instance; Transferee Court is also an Executing Court (S. 38);

Transfer of Decree for Execution (S. 39) CPC-EXECUTION Transfer of Decree for Execution (S. 39) From Court passing decree to another Court:- In whose jurisdiction judgement debtor is based; Or where he holds sufficient property to satisfy decree; If subject matter is sale / delivery of property situated in the local jurisdiction of Transferee Court; For any other reason to be recorded by Court;

Scope & Powers of Executing Court to decide controversies CPC-EXECUTION Scope & Powers of Executing Court to decide controversies All questions relating to execution, discharge or satisfaction of decree to be determined by Executing Court, and not by separate suit (S. 47);

Scope & Powers of Executing Court to decide controversies-II Executing Court cannot “go behind the decree” except when the decree is a nullity; Decree is a nullity if:- Passed against a dead man; The Court passing it lacks “Inherent Jurisdiction”;

Powers of Court to enforce Execution (S. 51) CPC-EXECUTION Powers of Court to enforce Execution (S. 51) Means of Execution:- Delivery of property specifically decreed; Attachment & sale / sale without attachment; Arrest and detention in prison ; By appointment of receiver; In any other manner as the nature of relief granted may require; Decree enforceable against legal representatives / ancestral property (Ss. 52 & 53);

Arrest and Detention (S. 55 ) CPC-EXECUTION Arrest and Detention (S. 55 ) Judgement debtor may be arrested in execution of decree at any hour on any day (subject to compliance of prescribed formalities); To be brought before Court as soon as practicable; Women exempted from arrest or detention in execution for payment of money (S. 56);

Arrest and Detention- II Period of detention (S. 58):- Up to 3 months if value of decree exceeds Rs. 5,000/-; Up to 6 weeks if value exceeds Rs. 2,000/-; No detention if decretal amount is below Rs. 2,000/- [S.58 (1A)];

CPC-EXECUTION Attachment Concept of “Attachment” envisages taking over the properties / assets of judgement debtor to satisfy decree;

Attachment-II Properties liable to be Attached (S. 60):- All conceivable movable & immovable properties such as:- Lands, Buildings / houses, Goods, Money / Bank Accounts, Government Securities, Bonds, Corporate Shares, Salaries, Rents etc. - held by judgement debtor, or someone else on his behalf ;

Attachment-II Properties exempt from Attachment :- Include necessary personal items including those of wife and children; The tools of artisans / implements of cultivators; Houses /buildings of agriculturists, labourers or domestic servants; Rights of personal service; Stipends and gratuities allowed to Government / other authorized pensioners;

Attachment-II Properties exempt from Attachment (Contd.):- Wages of labourers and domestic servants; Salaries up to Rs. 1,000/- and 2/3 of the remainder except in maintenance cases; Salaries of Military personnel; Deposits in Provident Funds; Moneys payable under insurance policy on judgment debtor’s life etc.;

Other Elementary Provisions (O. XXI) CPC-EXECUTION Other Elementary Provisions (O. XXI) Notice of Execution (R. 22):- Not required except (1) :- If filed over two years after date of decree; Against legal representative of a party to decree; Against assignee or receiver in insolvency; In any other case thought fit by Court (2);

Stay of Execution (R. 26) Execution may be stayed by Executing Court:- On sufficient cause being shown; To enable judgment debtor to approach Original Court which passed decree or; To approach Appellate Court; Executing Court may order restitution of any property seized (2); Executing Court to require appropriate security or impose conditions upon judgment-debtor before ordering stay (3);

Resistance /Obstruction to possession of Immovable Property (R.97) Decree holder /purchaser of decretal property may apply to Court if resisted or obstructed by any person in obtaining possession; In such cases Court expected to pass order which would take into account recurrence of such resistance for effecting execution again;

Dispossession of Third Party by Decree Holder / Purchaser (R. 99) Court may direct restoration of possession (R. 100); All such questions to be determined by the executing Court itself, and not through a separate suit (R. 101);

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