After the decree-holder files an application for execution of a decree, the executing court can enforce
execution. A decree may be enforced by,
delivery of any property specified in the decree, (movable or immovable)
by attachment and sale or by sale without attachment of any property, or
by arrest and detention in civil prison of the judgment-debtor. However, this mode should not be
exercised without giving a reasonable opportunity to the judgment-debtor, in the form of a show-cause
notice as to why he should not be imprisoned or
by appointing a receiver, or
by effecting partition, or in such other manner as the nature of the relief may require.
In Shyam Singh vs. Collector, Hamirpur., reported in 1993 SUPP (1) SEC 693 for recovery of certain
debts, simultaneous proceedings for attachment and sale of movable as well as immovable property
were taken.
Modes of Executing Decrees
Delivery of property
a) Movable Property: Section 51(a) Rule 31
Where the decree is for any specific movable property, it may be executed
▪ by seizure and delivery of property; or
▪ by detention of the judgment- debtor; or
▪ by attachment of his property; or
▪ by attachment and detention both.
The words specific movable do not include money and therefore, a decree for money cannot be
executed under Rule 31
b) Immovable Property: Rules 35 and 36 Rules 35 and 36 provide the mode of executing decree for
possession of immovable property. Where the decree is for immovable property in the
possession of the judgment-debtor or in the possession of the person bound by the decree, it
can be executed by removing the judgment-debtor or any person bound by the decree and by
delivering the possession thereof to the decree-holder.
if such property is in the possession of a tenant or other person entitled to occupy the same and not
bound by the decree, the delivery of the property should be made by affixing a copy of the warrant
at some conspicuous place on the property and proclaiming to the occupant by beat of drum or
other customary mode at some convenient place the substance of the decree regarding the
property.
c) Attachment and Sale of Property: Section 51(b) Section 51(b) empowers the Court to order
execution of a decree by attachment and sale or by sale without attachment of any property. The
Court is competent to attach the property if it is situated within the local limits of the jurisdiction
of the court.
It is immaterial that the place of the business of the judgment-debtor is outside the jurisdiction of
the court. (Raoof vs. Lakshmipathi, AIR 1969 Mad 268).
Section 60 of Civil Procedure Code provides that the property which can be attached and which
cannot be attached. The following property is liable to attachment and sale in execution of a decree,
namely, lands, houses or other buildings, goods, money, bank-notes, cheques, bills of exchange,
hundis, promissory notes etc.
Property which cannot be attached: a) the necessary wearing apparel, cooking vessels, beds and
bedding of the judgment debtor, his wife and children, and such personal ornaments as, in
accordance with religious usage, cannot be parted with by any woman; etc.
d) Arrest and Detention: Section 51(c) One of modes of executing decree is arrest and detention in
civil prison of the judgment-debtor.
Section 51(c) lays down that where the decree is for payment of money, execution by detention in
civil prison should not be ordered unless after giving the judgment-debtor an opportunity of showing
cause why he should not be so detained, the court for the reasons to be recorded in writing it
satisfied
i) that the judgment-debttor with the object of obstructing or delaying the execution of the decree
a) is likely to abscond or leave the local limits of the jurisdiction of the court ; or
b) has, after the institution of the suit in which the decree was passed dishonestly transferred,
concealed or removed any part of his property, or committed any other act of bad faith in relation to
his property ; or
ii. that the judgment-debtor has, or had since the date of the decree, the means to pay the amount
of the decree or some substantial part thereof and refuses or neglects or has refused or neglected to
pay the same ; or
iii. that the decree is for a sum which the judgment-debtor was bound in a fiduciary capacity to
account.
These provisions are mandatory in nature and must be strictly complied with.
In Dilip Kumar Vs. [Link] Raghavulu reported in 2024 (2) ALT 437 (AP) where in our Hon’ble High Court
held that, “In the course of enquiry, if the executing Court gets a whiff of dishonest tactics by the
judgment debtor to delay of default the execution, the executing Courts must be absolutely firm and
ruthless in stopping such unhealthy practices.
e) Appointment of Receiver: Section 51(d) One of the modes of execution of a decree is the
appointment of a receiver. Execution by appointment of a receiver is known as equitable
execution and is entirely at the discretion of the court. It cannot be claimed as of right.
The appointment of a receiver in execution proceedings is considered to be an exceptional remedy
and a very strong case must be made out in support of it. The decree-holder before restoring to this
mode must show that there is no effective remedy for obtaining relief by the usual statutory modes
of execution.
Restitution of conjugal rights: Rules 32 and 33 Where a decree is for restitution of conjugal
rights and the party agaist whom it has been passed has wilfully failed to obey it, it may be
executed by the attachment of his property. The court either at the time of passing a decree
against a husband or at any time thereafter may order that in the even of the decree not being
obeyed within the period fixed by the court, the judgment-debtor shall make such periodical
payments to the decree-holder as may be just.
Decree against corporation: Rule 32 Where the party against whom a decree for specific
performance of a contract or for injunction has been passed is a corporation, and has wilfully
failed to obey the decree passed against it, the same may be executed by the attachment of its
property or with the leave of the court by detention in civil prison of its directors or other
officers or by both.