EXECUTION OF DECREES
Sections 36–74 & Order XXI, Code of Civil Procedure, 1908
1. What is “Execution”?
Execution is the process of enforcing a decree or order so that the decree-holder gets the relief
the court has granted. The word is not defined in the Code; it simply means giving effect to a
judgment. A decree is “put into execution” through the procedure laid down in Sections 36–74
(substantive) and Order XXI (procedural — the longest Order in the Code, 106 rules).
Key parties: Decree-holder (DH) — person in whose favour the decree is passed [S.2(3)];
Judgment-debtor (JD) — person against whom it is passed [S.2(10)].
2. The Execution Process — Flow Chart
DECREE / ORDER PASSED
Court passes a decree [S.2(2)]
↓
EXECUTION APPLICATION
Filed by DH — Order XXI, R.10–11 (oral or written)
↓
WHICH COURT EXECUTES?
Court that passed it [S.37–38] OR Transferee court [S.39–42]
↓
NOTICE TO JUDGMENT-DEBTOR
Show-cause notice in certain cases — Order XXI, R.22
↓
COURT CHOOSES MODE OF EXECUTION [S.51]
Delivery • Attachment & Sale • Arrest & Detention • Receiver
↓
OBJECTIONS / CLAIMS
S.47 (parties) • R.58 (claim to attached property) • R.97–101 (resistance
to possession)
↓
ATTACHMENT → PROCLAMATION → SALE
Order XXI, R.54, 64–73 (movable) & 82–94 (immovable)
↓
CONFIRMATION & DELIVERY OF POSSESSION
Sale confirmed R.92 • Possession R.95–96
↓
SATISFACTION OF DECREE RECORDED
Decree fully or partly satisfied — R.2
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3. Important Sections (36–74)
These provide the substantive law of execution — who can execute, where, and how.
Section What it deals with
S. 37–38 Court which passed the decree; decree may be executed by that court or the
court to which it is sent.
S. 39–42 Transfer of decree to another court for execution; powers of the transferee court.
S. 47 All questions on execution, discharge & satisfaction of the decree between parties
are decided by the executing court (not a separate suit). KEY SECTION.
S. 50 Execution against the legal representative of a deceased judgment-debtor (liability
limited to estate).
S. 51 Powers of court to enforce execution — lists the MODES of execution. Heart of
the chapter.
S. 52–54 Execution against legal representative; partition of estate / separation of share.
S. 55–59 Arrest and detention in civil prison — procedure and protections.
S. 60–64 Attachment — property liable (S.60), exemptions, and effect of private alienation
after attachment (S.64 — void against claims under attachment).
S. 65–67 Sales of attached property and effect of certified sale.
S. 73 Rateable distribution of assets among several decree-holders.
S. 74 Resistance to execution treated as a contempt-type offence.
4. Important Orders / Rules (Order XXI)
These provide the procedure — step by step.
Rule What it deals with
R. 1–2 Modes of paying money under a decree; certification / recording of payment &
adjustment.
R. 10–11 Application for execution — form, contents (oral for arrest, otherwise written).
R. 16 Transferee of a decree may apply for execution.
R. 17–25 Procedure on receiving application; R.22 notice to JD; R.26 stay of execution.
R. 30–35 Execution of decrees for money, specific movable property, specific performance,
injunction and possession.
R. 37–40 Procedure for arrest and detention of the judgment-debtor.
R. 41 Examination of judgment-debtor as to his property.
R. 54 Attachment of immovable property (order prohibiting transfer).
R. 58–63 Adjudication of CLAIMS and objections to attachment (claim petitions) — decided
by executing court, no separate suit.
R. 64–73 Sale of property generally; R.66 proclamation of sale.
R. 82–94 Sale of immovable property; R.84–85 deposit of price; R.89–91 setting aside sale;
R.92 confirmation.
R. 95–96 Delivery of possession to purchaser / decree-holder.
R. 97–103 Resistance or obstruction to possession; adjudication of all questions — binding
like a decree (R.101–103).
5. Modes of Execution — Section 51
A court may enforce a decree by any of the following, as the relief requires:
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• Delivery of property specifically decreed (movable or immovable).
• Attachment and sale (or sale without attachment) of property.
• Arrest and detention in civil prison — subject to the PROVISO: not for mere inability to pay;
the court must be satisfied the JD has, or had since the decree, the means to pay and
refuses/neglects, or is dishonestly disposing of property.
• Appointing a receiver (equitable execution).
• Such other manner as the nature of the relief requires.
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