1. CPC-VIII Execution
EXECUTION
(C.P. Code)

2. 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;

3. 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);

4. Transfer of Decree for Execution (S. 39)
CPC-VIII 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;

5. Scope & Powers of Executing Court to decide controversies
CPC-VIII 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);

6. 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”;

7. Powers of Court to enforce Execution (S. 51)
CPC-VIII 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);

8. Arrest and Detention (S. 55 )
CPC-VIII 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);

9. 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)];

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

11. Attachment-II Properties liable to be Attached (S. 60):-
All conceivable movable and 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 ;

12. 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;

13. 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.;

14. 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);

15. 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);

16. 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;

17. 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);

18. Thank You