SHREEMATI NATHIBAI DAMODAR THACKERSEY

WOMEN’S UNIVERSITY, LAW SCHOOL

Juhu, Mumbai.

(A.Y. 2025-26)

“What is meant by execution of a Decree? Explain General Principles

governing execution of Decree & Orders under the CPC
(Order XXI Rule 1 to 15)”

Subject- Code of Civil Procedure and Limitation Act

Prepared by
Nidhi Jitendra Bhatt
(5th year BBA LLB Semester X)
[Link]. 03
Batch of 2026

Under supervision of
Adv. Sneha Kamat
Assistant Professor
Signature
Date: 12th March 2026

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 ACKNOWLEDGEMENT

I would like to express my sincere thanks and gratitude to my Code of Civil Procedure and
Limitation Act Teacher Miss. Sneha Kamat for letting me work on this project. I am very
grateful to her for her support and guidance in completing this project. It really helped in
improving my research techniques and my perspective towards Execution of Decree and Order
under Code of Civil Procedure.

I am thankful to my parents as well. I was able to successfully complete this project with the help
of their guidance and support. Finally, I want to thank all my dear friends as well.

Nidhi Jitendra Bhatt,

BBA LLB,

Fifth year,

(Tenth Semester),

[Link].3

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 INDEX

Sr. no. Particulars Page no.

1. What is meant by execution of a Decree? 1

2. General Provisions for Execution under CPC,1908 2

3. Order XXI (Rule 1 to Rule 15)

4. Case Laws

5.

6.

7. Conclusion

8. Reference

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 What is meant by execution of a Decree?
Explaining General Principles governing execution of Decree & Orders under the CPC
(Order XXI Rule 1 to 15)

What is meant by execution of a Decree?

Execution of a decree refers to the legal process through which a decree passed by a civil court is
enforced or implemented so that the successful party receives the relief granted by the judgment.
In simple terms, it is the procedure by which the decree-holder compels the judgment-debtor to
obey the decree of the court. The law relating to execution is provided under Sections 36 to 74
and Order XXI of the Code of Civil Procedure, 1908, which lay down the rules governing the
manner and procedure for enforcement of decrees and orders. The main object of execution
proceedings is to ensure that the decision of the court does not remain merely theoretical but is
actually carried out in practice.

A decree may be executed by the court which passed the decree or by another court to which it is
transferred for execution as provided under Section 38 and Section 39 of the Code of Civil
Procedure, 1908. The execution proceedings begin when the decree-holder files an execution
application before the competent court requesting enforcement of the decree. Once such an
application is made, the court takes necessary steps to ensure compliance with its order.

Execution may take several forms depending upon the nature of the decree. The court may order
attachment and sale of property, arrest and detention of the judgment-debtor, delivery of
possession of property, or payment of money as directed in the decree. These methods are
mainly provided under Order XXI of the Code of Civil Procedure, 1908, which contains detailed
rules relating to the execution process. The procedure ensures that the decree-holder is able to
obtain the benefits granted by the court without unnecessary delay.

Thus, the concept of execution of a decree is an essential part of civil procedure, as it ensures the
effectiveness and authority of judicial decisions. Without execution proceedings, the rights
declared by the court would remain unenforced, making the entire judicial process ineffective.
Therefore, execution serves as the final stage of a civil suit, ensuring that justice is not only
declared but also properly implemented.

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 What is meant by execution of a Decree?
Explaining General Principles governing execution of Decree & Orders under the CPC
(Order XXI Rule 1 to 15)

General Provisions for Execution

Section 38: Curt by which decree may be executed

A decree may be executed either by the court which passed it, or by the Court to which it is sent
for execution.

Section 39: Transfer of decree

The Court which passed a decree may, on the application of the decree-holder, send it for
execution to another Court of competent jurisdiction:

a) if the person against whom the decree is passed actually and voluntarily resides or carries
on business, or personally works for gain, within the local limits of the jurisdiction of
such other Court, or
b) if such person has not property with in the local limits of the jurisdiction of the Court
which passed the decree sufficient to satisfy such decree and has property within the local
limits of the jurisdiction of such other Court, or
c) if the decree directs the sale or delivery of immovable property situate outside the local
limits of the jurisdiction of the Court which passed it, or
d) if the Court which passed the decree considers for any other reason, which it shall record
in writing, that the decree should be executed by such other Court.

The Court which passed the decree may of its own motion send it for execution to any
subordinate Court of competent jurisdiction.

Section 40: Transfer of decree to Court in another State

Where a decree is sent for execution in another State, it shall be sent to such Court and executed
in such manner as may be prescribed by rules in force in that State.

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 What is meant by execution of a Decree?
Explaining General Principles governing execution of Decree & Orders under the CPC
(Order XXI Rule 1 to 15)

Section 41: Result of execution proceedings to be certified

The Court to which a decree is sent for execution shall certify to the Court which passed it the
fact of such execution, or where the former Court fails to execute the same the circumstances
attending such failure.

Section 42: Powers of Court in executing transferred decree

The Court executing a decree sent to it shall have the same powers in executing such decree as if
it had been passed by itself. All persons disobeying or obstructing the execution of the decree
shall be punishable by such Court in the same manner as if it had passed the decree. And its
order in executing such decree shall be subject to the same rules in respect of appeal as if the
decree had been passed by itself.

the powers of the Court under this section shall include the following powers of the Court passed
the decree, namely:

a) power to send the decree for execution to another Court under section 39;
b) power to execute the decree against the legal representative of the deceased judgment-
debtor under section 50;
c) power to order attachment of a decree.

A Court passing an order in exercise of the powers specified shall send a copy thereof to the
Court which passed the decree.

Section 43: Execution of decrees passed by Civil Courts in places to which this Code does
not extend
Any decree passed by any Civil Court established in any part of India to which the provisions of
this Code do not extend, or by any Court established or continued by the authority of the Central
Government outside India, may, if it cannot be executed within the jurisdiction of the Court by

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 What is meant by execution of a Decree?
Explaining General Principles governing execution of Decree & Orders under the CPC
(Order XXI Rule 1 to 15)

which it was passed, be executed in the manner herein provided within the jurisdiction of any
Court in the territories to which this Code extends.

Section 44: Execution of decrees passed by Revenue Court in places to which this Code
does not extend

The State Government may, by notification in the Official Gazette, declare that the decrees of
any Revenue Court in any part of India to which the provisions of this Code do not extend or any
class of such decrees, may be executed in the State as if they had been passed by Courts in that
State.

Section 44A Execution of decrees passed by Courts in reciprocating territory

Where a certified copy of decree of any of the superior Courts of any reciprocating territory has
been filed in a District Court, the decree may be executed in India as if it had been passed by the
District Court.

Together with the certified copy of the decree shall be filed a certificate from such superior Court
stating the extent, if any, to which the decree has been satisfied or adjusted and such certificate
shall, for the purposes of proceedings under this section, be conclusive proof of the extent of
such satisfaction or adjustment.

Section 45: Execution of decrees outside India

So much of the foregoing sections of this Part as empowers a Court to send a decree for
execution to another Court shall be construed as empowering a Court in any State to send a
decree for execution to any Court established by the authority of the Central Government outside
India to which the State Government has by notification in the Official Gazette declared this
section to apply.

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 What is meant by execution of a Decree?
Explaining General Principles governing execution of Decree & Orders under the CPC
(Order XXI Rule 1 to 15)

Section 46: Precepts

Upon the application of the decree-holder the Court which passed the decree may, whenever it
thinks fit, issue a precept to any other Court which would be competent to execute such decree to
attach any property belonging to the judgment-debtor and specified in the precept.

The Court to which a precept is sent shall proceed to attach the property in the manner prescribed
in regard to the attachment of property in execution of a decree

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 What is meant by execution of a Decree?
Explaining General Principles governing execution of Decree & Orders under the CPC
(Order XXI Rule 1 to 15)

Order XXI- Execution of Decrees and Orders (Rule 1 to Rule 15)

Order XXI of the Code of Civil Procedure, 1908 deals with the procedure for execution of
decrees and orders. It lays down the rules regarding payment under decree, transfer of decrees
for execution, and the procedure for filing execution applications.

Rule 1 – Modes of Paying Money under Decree

Rule 1 provides the methods by which money payable under a decree may be paid. Money may
be paid in the following ways:

a) Deposit in Court- The judgment-debtor may deposit the amount in the court responsible
for executing the decree.
b) Payment outside the Court- The amount may be paid directly to the decree-holder
through postal money order or bank transfer or any written mode showing proof of
payment.
c) Payment in any other manner directed by the Court

If payment is made through the court or as directed by the court, the judgment-debtor must
inform the decree-holder through notice.

Where payment is made through a money order or bank, the following details must be
mentioned:

a) number of the original suit

b) names of the parties
c) purpose of payment (principal, interest or cost)
d) execution case number
e) name and address of the payer.

The Interest stops running:

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 What is meant by execution of a Decree?
Explaining General Principles governing execution of Decree & Orders under the CPC
(Order XXI Rule 1 to 15)

1. from the date notice of payment is served if payment is made through court, and
2. from the date of payment if paid directly to the decree-holder.

Illustration
A court orders B to pay ₹1,00,000 to A. B deposits the amount in court and informs A. From the
date of notice to A, interest on the amount stops running.

Rule 2 – Payment Out of Court to Decree Holder

When money payable under a decree is paid outside the court, the decree-holder must inform the
executing court so that the payment can be officially recorded. The judgment-debtor may also
inform the court if the decree-holder fails to report the payment.

However, payment will be recorded only when:

a) Payment is made according to Rule 1

b) There is documentary proof
c) The decree-holder admits the payment.

If the payment is not certified or recorded by the court, the executing court will not recognize it.

Illustration
If B pays A ₹50,000 privately but A does not inform the court, the payment will not be
recognized unless proof or admission is produced.

Rule 3 – Lands Situated in More Than One Jurisdiction

When an immovable property is located in areas under different courts, any one of those courts
may attach and sell the entire property for execution.

Illustration
If land belonging to the judgment-debtor lies partly in Pune and partly in Mumbai, either court
may attach and sell the entire property.

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 What is meant by execution of a Decree?
Explaining General Principles governing execution of Decree & Orders under the CPC
(Order XXI Rule 1 to 15)

Rule 4 – Transfer to Court of Small Causes

Where a decree of small value (not exceeding ₹2000) is passed by a court and needs to be
executed in cities like Calcutta, Madras, or Bombay, the decree may be sent to the Court of
Small Causes in that city for execution. The Court of Small Causes will execute it as if it had
passed the decree itself.

Rule 5 – Mode of Transfer of Decree

If a decree must be executed by another court, the court which passed the decree shall directly
send the decree to the appropriate court.

If the receiving court does not have jurisdiction, it must forward the decree to the proper court
having jurisdiction.

Rule 6 – Procedure When Court Sends Decree for Execution

When a decree is transferred to another court, the transferring court must send:

a) Copy of the decree

b) Certificate stating that the decree has not been satisfied or stating the extent of
satisfaction
c) Copy of any order relating to execution

These documents help the receiving court execute the decree correctly.

Rule 7 – Filing of Decree by Receiving Court

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 What is meant by execution of a Decree?
Explaining General Principles governing execution of Decree & Orders under the CPC
(Order XXI Rule 1 to 15)

The court receiving the decree must file the copies and certificates without requiring further
proof unless special reasons exist. This rule ensures quick execution without unnecessary delays.

Rule 8 – Execution by the Court Receiving the Decree

After filing the documents, the court receiving the decree may:

a) execute the decree itself, or

b) transfer it to a subordinate court having jurisdiction.

Rule 9 – Execution by High Court

If a decree is transferred to a High Court for execution, the High Court will execute it as if the
decree had been passed by that High Court itself.

Rule 10 – Application for Execution

If the decree-holder wants to execute the decree, he must apply to the court which passed the
decree or to the court where the decree has been transferred.

Execution proceedings begin only after such an application is filed.

Rule 11 – Oral and Written Applications

(1) Oral Application

If the decree is for payment of money, the decree-holder may orally request execution
immediately at the time the decree is passed, especially if the judgment-debtor is present in
court.

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 What is meant by execution of a Decree?
Explaining General Principles governing execution of Decree & Orders under the CPC
(Order XXI Rule 1 to 15)

The court may then order immediate arrest of the judgment-debtor.

(2) Written Application

Generally, execution applications must be in writing and must contain details such as:

a) suit number
b) names of parties
c) date of decree
d) details of appeals
e) Payments/ Adjustments made between parties subsequent to the decree
f) previous execution applications
g) amount due including interest and costs, any cross- decree passed before or after the
date of decree which is to be executed.
h) The amount of cost awarded
i) person against whom execution is sought
j) Modes in which assistance of Court is required for execution of decree:
i) delivery of property
ii) attachment and sale of property
iii) arrest and detention
iv) appointment of receiver.

Rule 11A – Application for Arrest

When execution is sought through arrest and detention of the judgment-debtor, the application
must clearly state grounds for such arrest and may require an affidavit.

Rule 12 – Attachment of Movable Property Not in Debtor’s Possession

If the decree-holder seeks attachment of movable property not in the judgment-debtor's

possession, he must attach an inventory describing the property in the application.

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 What is meant by execution of a Decree?
Explaining General Principles governing execution of Decree & Orders under the CPC
(Order XXI Rule 1 to 15)

Illustration

If the debtor’s car is with a friend, the decree-holder must describe the car (model, number etc.)
in the inventory.

Rule 13 – Attachment of Immovable Property

If execution involves attachment of immovable property, the application must include:

a) Description of the property sufficient to identify it

b) Boundaries or survey numbers

The judgment-debtor’s share or interest in the property

Illustration

If the debtor owns ½ share in a house, the decree-holder must mention the exact share and
location of the property.

Rule 14 – Certified Extract from Collector’s Register

When the property is registered in the Collector’s office, the court may require a certified extract
from the revenue register showing:

a) names of registered owners

b) persons having transferable interest
c) revenue liability.

This ensures accuracy in property identification.

Rule 15 – Execution by Joint Decree-Holders

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 What is meant by execution of a Decree?
Explaining General Principles governing execution of Decree & Orders under the CPC
(Order XXI Rule 1 to 15)

Where a decree is passed in favour of several persons jointly, any one of them may apply for
execution for the benefit of all decree-holders. If one decree-holder dies, the surviving decree-
holders and legal representatives may execute the decree. The court may impose conditions to
protect the interests of decree-holders who did not apply.

Illustration

If A, B, and C obtain a decree jointly against D, A alone may file an execution application, but
the recovery will benefit all three decree-holders.

Case laws

I.S. and I. Agency Ltd. Vs. Municipal Corporation of Delhi. AIR 2002 Del.347.

After institution of execution petition it is required to be heard preliminary to proceed further just
after office note/stamp reporting submitted by Sheristadar. The preliminary hearing to proceed
further is necessary, because the nature of the decree decides how to execute the decree. Further
in terms of rule 17 of order XXI, court shall require to ascertain whether such of the
requirements of rules 11 to 14 as may be applicable to the case have been complied with. The
manner and mode of execution is to be decided on the basis of the nature of decree.

V.N. Shreedharan v. Bhaskaran, AIR 1986 Ker 49,

a compromise decree like any other decree may be executed and it is not necessary that the
compromise decree should state that in the event of non-satisfaction of the decree or non-
fulfilment of any condition therein, execution proceedings may be initiated.
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 What is meant by execution of a Decree?
Explaining General Principles governing execution of Decree & Orders under the CPC
(Order XXI Rule 1 to 15)

Conclusion

The execution of decrees and orders under the Code of Civil Procedure, 1908 plays a crucial role
in ensuring that the decisions of civil courts are effectively implemented. The provisions
contained in Sections 36–74 and Order XXI of the CPC establish a detailed framework
governing the procedure for enforcing decrees, payment of decretal amounts, transfer of decrees
for execution, and the filing of execution applications. These provisions ensure that the decree-
holder is able to realize the benefits granted by the court while also safeguarding the rights of the
judgment-debtor through proper procedural requirements.

The rules relating to execution emphasize principles such as proper notice, certification of
payments, jurisdiction of courts, and transparency in the execution process. By providing various
modes of execution—such as attachment and sale of property, arrest and detention of the
judgment-debtor, and delivery of possession—the CPC ensures that the decree-holder has
effective legal remedies to enforce the decree. At the same time, procedural safeguards prevent
misuse of the execution process and maintain fairness between the parties.

Thus, the law relating to execution forms the final and most significant stage of civil litigation, as
it converts the judicial determination of rights into actual relief. Without an effective execution
mechanism, a decree would remain merely declaratory and the authority of the courts would be
undermined. Therefore, the provisions of the CPC relating to execution ensure that justice is not
only declared by the courts but also successfully enforced in practice.

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 What is meant by execution of a Decree?
Explaining General Principles governing execution of Decree & Orders under the CPC
(Order XXI Rule 1 to 15)

References

Statutes and Official Acts

 Government of India. The Code of Civil Procedure, 1908. Act No. 5 of 1908, enacted
on March 21, 1908; came into force on January 1, 1909; amended from time to time.
Published by the Ministry of Law and Justice, Government of India, New Delhi.

Websites

 [Link]
 [Link]
 [Link]
 [Link]
 [Link]

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