Understanding the Execution Process and Stay of Execution in Indian Law, Slides of Civil procedure

Download Understanding the Execution Process and Stay of Execution in Indian Law and more Slides Civil procedure in PDF only on Docsity! APPLICATION OF EXECUTION, MODE OF EXECUTION AND STAY OF EXECUTION ©, INTRODUCTION © Implementation of litigation is also Known as execution. Decree means operation or conclusiveness of judgment. © A decree will be executed by the court which has passed the judgment. In exceptional circumstances, the judgment will be implemented by other court which is having competency in that regard. ® Execution enables the decree-holder to recover the fruits of the judgment ORDER 21 RULE 10 © Application for execution.—Where the holder of a decree desires to execute it, he shall apply to the Court which passed the decree or to the officer if any appointed in this behalf. © RULE 11: © (1) Oral application: Where a decree is for the payment of money the Court may, on the oral application of the decree-holder at the time of the passing of the decree, order immediate execution thereof by the arrest of the judgment-debtor, prior to the preparation of a warrant if he is within the precincts of the Court. © Oral application can be made in case of money decree. © (2) Written application: Every application for the execution of a decree shall be in writing, Signed and verified by the applicant or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case, and shall contain in a tabular form the following particulars like details about the case, name of the parties, name of the suit , amount of decree etc. Sec 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. © When decree holder realise that the judgment debtor is going to dispose the property go for precepts by the court to attach the property of JD © No order of detention of the judgment-debtor shall be made where the decree amount does not exceed Rs.2000. © Where the judgment-debtor pays the decree amount and costs of arrest to the officer, he should be released once © A decree for money cannot be executed by arrest and detention where the judgment- debtor is a woman, or a minor, or a legal representative of a deceased judgment-debtor © Sec 39 of cpc © The Court which passed a decree may, on the application of the decree holder, send it for execution to another Court. © |f the person against whom the decree is passed actually and voluntarily resides or carries on business. © If such person has not property within the local limits of the jurisdiction of the Court which passed the decree. © |f the decree directs the sale or delivery of immovable property situate outside the local limits of the jurisdiction of the Court which passed it. © |f the Court which passed the decree considers for any other reason MODES FOR EXECUTION © Section 51 to 54 describe procedure in execution or mode for execution. © Mode of executing decree under section 51: © (a) By delivery of any property specifically decreed. Property may be movable or immovable ®©(b) By attachment and sale of the property or by sale without attachment of the property. ®(c) by arrest and detention. © (d) by appointing a receiver © Other RULE 35 © Decree for immovable property: © Where a decree is for the delivery of any immovable property, possession thereof shall be delivered to the party to whom it has been adjudged, or to such person as he may appoint to receive delivery on his behalf, and, if necessary, by removing any person bound by the decree who refuses to vacate the property. © Where a decree is for the joint possession of immovable property, such possession shall be delivered by affixing a copy of the warrant in some conspicuous place on the property and proclaiming by beat of drum, or other customary mode, at some convenient place, the substance of the decree © (3) Where possession of any building on enclosure is to be delivered and the person in possession, being bound by the decree, does not afford free access, the Court, through its officers, may, after giving reasonable warning and facility to any woman not appearing in public according to the customs of the country to withdraw, remove or open any lock or bolt or break open any door or do any other act necessary for putting the decree-holder in possession Sec 55 Arrest and Detention One of the modes of executing a decree is arrest and detention of the judgment-debtor in civil imprisonment. Where the decree is for payment of money, it can be executed by arrest and detention of the judgment-debtor. Following points are very important regarding arrest and detention: ®© A judgment-debtor may be arrested at any time on any day in execution of a decree. © For the purpose of making arrest, no dwelling house may be entered after sunset or before sunrise. Further, no outer door of a dwelling house may be broken open unless such dwelling house is in the occupancy of the judgment-debtor and he refuses or prevent access thereto