ORDER 21- EXECUTION
The term "execution" is not defined in the CPC.
The term "execution" means implementing or enforcing or giving effect to an order or a
judgment passed by the court of justice.
Application for Execution of decree:
All proceedings in Execution commence with the filing of an application for Execution.
Following persons may file an application for Execution:
1. Decree- holder
2. Legal representative of the decree holder
3. Representative of a person claiming under the decree-holder
Eg-
X files a suit against Y for Rs 20,000 and obtains a decree against him.
Here X would be called the decree-holder, Y is the judgment-debtor, and the amount of Rs
20,000 is the judgment- debt.
Y is bound to pay Rs 20,000 to X, as the decree is passed against him.
Suppose Y refuses to pay the decretal amount to X, X can recover the said amount by
execution
In Ghan Shyam Das v. Anant Kumar Sinha,
the Supreme Court emphasized that the Code of Civil Procedure (CPC) contains detailed
provisions under Order 21 to address various situations arising during the execution of decrees,
offering remedies to judgment-debtors, decree-holders, and objectors.
The Court noted that if these provisions do not provide adequate relief, the aggrieved party can
file a regular suit in a civil court
Limitation-
ACC sec 136 Limitation Act The general rule is that a decree-holder has 12 years from the date
the decree becomes enforceable to initiate execution proceedings.
Courts which can execute Decree
Sections 37 and 38 of the Code of Civil Procedure (CPC) outline the courts that can execute a
decree.
Section 38 states that a decree can be executed either by the court that passed it (court
of first instance) or by the court to which it is transferred for execution.
Section 37 defines the scope of “court which passed a decree,” ensuring that the
decree-holder can enforce the decree effectively. The courts included under this term are:
The court of first instance.
The appellate court, in cases of appellate decrees.
The court with jurisdiction to try the suit at the time of execution if the court of first instance
ceases to exist.
The court that has jurisdiction to try the suit if the court of first instance no longer has
jurisdiction to execute the decree.
Transfer of Decree for execution
Section 39: Transfer of Decree
• A decree can be sent for execution to another court if:
• The judgment-debtor resides, works, or has property within that court’s
jurisdiction.
• The decree involves immovable property outside the original court’s jurisdiction.
• The original court deems it necessary for recorded reasons.
Section 40: Transfer to Another State
• If sent to another state, the decree is executed as per that state’s rules.
Section 41: Certification of Execution
• The executing court must certify to the original court whether the decree was
executed or explain the failure.
Section 42: Powers of Executing Court
The executing court has the same powers as the original court and can:
Transfer the decree under Section 39.
Execute against legal representatives (Section 50).
Order attachment of a decree.
Rules
Rule 4-- Transfer to Court of Small Causes
• Decrees valued at ₹2,000 or less can be transferred to a Court of Small Causes
in Calcutta, Madras, or Bombay.
Rule 5- Mode of Transfer
• Decrees are sent directly to the executing court, which transfers them if it lacks
jurisdiction.
Rule 6- Procedure for Sending Decree
• The transferring court sends:
• A copy of the decree.
• A certificate of satisfaction or unsatisfied portions.
• A copy or certificate of any order for execution
.Rule 7: Filing by Receiving Court
• The receiving court files these documents without requiring further proof, unless
special reasons are recorded by the judge.
Rule 8- Execution by Receiving Court
The decree can be executed by the receiving District Court or transferred to a subordinate court
of competent jurisdiction.
Rule 9- Execution by High Court
If reviving court is High Court then it executes the decree as if passed by itself.
Powers of Transferor and Transferee Courts
Powers of the Transferor Court
• Once a court transfers a decree to another court under Section 39, it loses
jurisdiction over the decree and cannot entertain any further execution applications.
Powers of the Transferee Court
• Under Order 21, Rule 8, a decree sent to another district may be executed by:
• The district court to which it was sent.
• A subordinate court of competent jurisdiction, if referred by the district court.
• Section 42 grants the transferee court the same powers as if it had passed the
decree itself, including:
• Punishing those obstructing the execution.
• Sending the decree for execution to another court under Section 39.
• Enforcing execution against the legal representative of a deceased
judgment-debtor under Section 50.
• These powers ensure that the judgment-debtor complies with the decree.
Procedure for execution
S.51 - Modes of execution
Section 52: Execution Against Legal Representative
• If a decree is passed against a deceased judgment-debtor, it can be executed
against the legal representative if the property is still in their possession.
• If the legal representative has misapplied the property, the decree may be
enforced against them personally.
Section 53: Liability of Ancestral Property
• When a deceased’s property is in the hands of a son or descendant and is liable
for payment of the deceased’s debts, it is treated as if it remains the property of the deceased.
Section 54: Partition and Separate Possession
• When a decree involves partition or separate possession of an undivided estate
assessed for government revenue, the partition must be carried out by the Collector.
• If the Collector refuses, the civil court may proceed with the partition.
General Principles of Execution under CPC (Order 21)
Execution is the process by which a decree-holder enforces the relief granted to them by the
court. The Code of Civil Procedure (CPC), 1908, lays down detailed provisions in Order 21 for
the execution of decrees and orders.
The general principles governing execution are as follows:
1. Application for Execution
• Rule 10: The decree-holder must file an application for execution in the court that
passed the decree or to which the decree has been transferred.
• Rule 11: The application must contain essential details such as the number of the
suit, names of the parties, and mode of execution sought.
2. Court Competent to Execute a Decree
• Section 38: A decree can be executed by the court that passed it or the court to
which it is transferred.
• Section 39: The decree can be transferred for execution to another competent
court under specified circumstances.
3. Transfer of Decree
• Rules 5-8: The court may transfer the decree to another court for execution if the
judgment debtor resides or has property within that court’s jurisdiction.
4. Notice to the Judgment Debtor
• Rule 22: If execution is sought after two years from the decree or against the
legal representatives, a notice is issued to the judgment debtor to show cause why the decree
should not be executed.
5. Modes of Execution
• Rule 30-36: A decree may be executed through various means, including:
• Delivery of property.
• Attachment and sale of property.
• Arrest and detention.
• Appointment of a receiver.
6. Attachment of Property
• Rules 41-54:
• Movable and immovable property can be attached to satisfy a decree.
• Specific procedures for attachment, including prohibitory orders and sale, are laid
down.
7. Arrest and Detention
• Rules 37-40:
• A judgment debtor can be arrested and detained in civil prison if they fail to
comply with the decree.
• The court must conduct an inquiry before committing the debtor to prison.
8. Sale of Property
• Rules 64-94:
• Property attached in execution can be sold to satisfy the decree.
• The sale process includes public notice, bidding, and confirmation by the court.
9. Satisfaction of Decree
• Rule 1: Payment can be made either in court or directly to the decree-holder.
• Rule 2: The decree is marked as satisfied when the amount is paid or adjusted.
10. Stay of Execution
• Rule 26: The court may stay execution proceedings under certain circumstances,
such as when an appeal is pending or for other sufficient cause.
11. Objections and Claims
• Rules 58-63:
• Third parties or the judgment debtor may raise objections to the execution.
• The court is required to adjudicate such claims before proceeding with execution.
12. Cross Decrees and Cross Claims
• Rules 18-19:
• When parties hold decrees against each other, the court can adjust and set off
the decrees.
13. Powers of Executing Court
• Section 42: The transferee court has the same powers as the court that passed
the decree in executing it.
14. Limitation on Execution
• Article 136 of the Limitation Act, 1963: Execution must be initiated within 12 years
from the date when the decree becomes enforceable.
These principles ensure that the process of execution is systematic, fair, and in accordance with
the provisions of law.
Difference between Section 47 and Order 21, Rule 58 CPC
Aspect Section 47 CPC Order 21, Rule 58 CPC
Subject Matter Deals with questions related Deals with claims or
to the execution, discharge, objections to the attachment
or satisfaction of a decree of property in execution
between the parties or their proceedings.
representatives.
Parties Involved Only the parties to the suit in Any third party (not
which the decree was passed necessarily a party to the
or their legal representatives. suit) whose property is
attached in execution.
Nature of Questions Questions arising in relation Questions relating to right,
to the decree’s execution, title, or interest in the
discharge, or satisfaction. attached property.
Forum for Adjudication The court executing the The executing court
decree has exclusive adjudicates claims/objections
jurisdiction to decide such and passes orders.
questions.
Scope of Inquiry Broader scope, includes all Limited to determining
matters related to execution whether the attached
and discharge. property is liable to be
attached or not.
Finality of Order The court’s order is treated The court’s decision has the
as a decree and is force of a decree and is
appealable. subject to appeal or review.
Separate Suit No separate suit can be filed A person whose claim or
for matters covered under objection is refused can file a
Section 47. separate suit to establish
their right.
Representative Determination The court can determine No such provision for
whether a person is the determining representation.
representative of a party for
execution purposes.
Explanation for Purchaser A purchaser of property at an No specific provision
execution sale is deemed to regarding auction purchasers.
be a party for
possession-related questions.
Summary:
• Section 47 focuses on resolving disputes related to execution between parties to
the decree.
• Order 21, Rule 58 addresses objections by third parties claiming that their
property is wrongly attached.
Cases
Periyammal (Dead) through LRs and Others v. V. Rajamani and Another (2025)
• The Supreme Court directed High Courts to gather data on pending execution
petitions in district courts.
• Trial courts must dispose of execution petitions within six months; otherwise, the
Presiding Officer will be held accountable to the High Court.
2. Bhudev Mallick Alias Bhudeb Mallick v. Ranajit Ghoshal (2025 INSC 175)
• The Supreme Court ruled that the execution of a decree granting a perpetual
injunction has no limitation period under Article 136 of the Limitation Act.
3. Ishwar (Since Deceased) through LRs and Ors v. Bhim Singh and Another (2024
INSC 651)
• The Court allowed an extension of time for payment of the balance amount by
the decree-holder, where no time limit or mode of payment was specified in the decree.
4. Salem Advocate Bar Assn. (2) v. Union of India, (2005) 6 SCC 344
• Clarified that Section 39 CPC does not bar the court from executing a decree
outside its jurisdiction, provided compliance with provisions like Order 21, Rule 3 and Rule 48.
5. Mohit Bhargava v. Bharat Bhushan Bhargava, (2007) 4 SCC 795
• Under Section 39(4) CPC, only the court where the property is situated has
jurisdiction to execute a decree, and the discretion to proceed or transfer the decree has been
removed.
6. International Woollen Mills v. Standard Wool (U.K.) Ltd., (2001) 5 SCC 265
• A foreign court decree is deemed to be on merits only if the foreign court
examines the evidence and documents in accordance with its rules.
7. Bank of Baroda v. Kotak Mahindra Bank Ltd., (2020) 17 SCC 798
• Section 44-A CPC does not prescribe a limitation period for executing a foreign
decree. The limitation is determined by the decree’s timeline in the foreign country. If partially
satisfied, the decree-holder can file in India within 3 years under Article 137 of the Limitation
Act.
8. Kancherla Lakshminarayana v. Mattaparthi Syamala, (2008) 14 SCC 153
• Under Order 21, Rule 58 the court must adjudicate all questions of rights of the
parties and determine whether a decree is collusive or intended to defeat the appellant’s rights.
Modes of Execution
The procedure for executing decrees is detailed under Order XXI of the Code of Civil Procedure
(CPC), 1908.
Delivery of Property
A decree can be executed by delivering the property awarded to the decree-holder.
(a) Movable Property
• Order 21, Rule 31 CPC:
If the decree pertains to movable property, the execution is carried out by:
• Seizing and delivering the movable property to the decree-holder or a designated
person.
• If the property is to be sold, it is handed over to the purchaser after confiscation.
• Procedure:
• If the property is not immediately deliverable, the court may order its attachment
and sale.
• In the event of resistance or obstruction, the court may remove the obstruction
and deliver the property.
(b) Immovable Property
• Order 21, Rule 35 CPC:
When a decree involves immovable property, it may be executed by:
• Actual possession being delivered to the decree-holder.
• If necessary, the judgment-debtor may be ejected from the property by the court.
• Procedure:
• If the judgment-debtor or any other person resists or obstructs, the court may use
force to ensure possession is delivered to the decree-holder.
Appointment of a Receiver
A receiver may be appointed to oversee the execution process.
• Order 40 CPC:
• A receiver is a neutral party appointed to take charge of the property.
• The receiver’s duties include:
• Managing and safeguarding the property.
• Collecting rent and profits.
• Applying and distributing profits as per the court’s directions.
• Scope of Powers:
• The court may grant the receiver additional powers, if necessary, for effective
execution.
5. Partition of Property
In cases involving partition of property, the decree is executed by dividing the property in
accordance with the court’s decision.
• Order 20, Rule 18 & Section 54 CPC:
• Where the property is revenue-paying or assessed to the Government, partition
may be conducted by the Collector or a designated officer.
• In other cases, the civil court may carry out the partition.
6. Cross-Decrees and Cross-Claims
In cases where both parties hold decrees against each other, they can offset the amounts owed
through cross-decrees or cross-claims.
(a) Cross-Decrees
• Order 21, Rule 18 CPC:
• When two parties hold decrees against each other, the court may adjust the
amounts due and only execute the balance.
(b) Cross-Claims
• Order 21, Rule 19 CPC:
• In situations where mutual claims exist, the court can balance the claims and
adjust the payments accordingly.
7. Payment of Money
A decree for payment of money can be executed through various modes.
• Order 21, Rule 1 CPC:
• Payment may be made in the following ways:
• Deposit in court.
• Payment through money order or bank transfer.
• Direct payment to the decree-holder by mutual agreement.
• Any other mode specified by the court.
Sec 47 - Questions to be determined by executing court
Nature and Scope of Section 47 CPC
• Exclusive Jurisdiction: Section 47 gives exclusive jurisdiction to the executing
court to decide all matters related to the execution, discharge, or satisfaction of a decree.
• No Separate Suit: It bars the filing of a separate suit for issues related to the
execution of a decree, ensuring that all such questions are resolved within the same execution
proceedings.
• Wide Scope: The section has a broad scope, allowing the executing court to
determine any question between the parties to the suit or their representatives concerning
execution.
Objective of Section 47 CPC
1. Quick and Cost-Effective Remedy: Provides a faster and cheaper remedy for
decree-holders when the judgment-debtor does not comply.
2. Prevents Multiple Litigations: Avoids the burden of filing a separate suit, thereby
reducing multiple litigations and delays.
3. Ensures Proper Execution: Ensures that decrees are enforced efficiently and
effectively.
4. Legal Remedy for Decree-Holder: Offers a remedy to the decree-holder if the
decree is not properly executed or if there is ambiguity in the execution process.
5. Reduces Pendency of Suits: Prevents delay in justice by resolving
execution-related questions within the same proceeding.
Essentials of Section 47 CPC
To invoke Section 47, the following conditions must be satisfied:
1. Parties to the Suit or Their Representatives:
• The question must arise between the parties or their representatives in the suit
where the decree was passed.
• Explanation II: A purchaser of property sold in execution is deemed to be a party
to the suit.
2. Related to Execution, Discharge, or Satisfaction:
• The matter must be related to the execution, discharge, or satisfaction of the
decree.
Parties to the Suit or Their Representatives
• Parties: Includes not only the plaintiff and defendant but also co-defendants if
they have opposing interests.
• Third Parties: If the question arises between a party and a third person, it does
not fall within Section 47.
• Purchasers: As per Explanation II, a purchaser in execution is deemed to be a
party to the suit.
• Representatives: Includes legal representatives (heirs, executors, etc.) and
representatives in interest (transferees of interest of the decree-holder or judgment-debtor).
Questions Covered Under Section 47 CPC
The following questions can be decided by the executing court:
• Executability of the Decree: Whether the decree can be executed.
• Sale and Attachment of Property: Whether the property mentioned can be sold in
execution.
• Method of Execution: Whether the procedure followed in execution satisfies the
decree.
• Identity and Inclusion of Property: Whether the property in question is part of the
decree.
• Restitution of Property: Whether a party is entitled to restitution after execution.
• Postponement of Execution: Whether execution should be postponed.
• Validity of Sale: Whether the sale was conducted according to the decree’s
terms.