pptx file. execution of decree. power point presentation, Schemes and Mind Maps of Civil Law

Download pptx file. execution of decree. power point presentation and more Schemes and Mind Maps Civil Law in PDF only on Docsity! Execution of Decree (order 21) Content: > > > > > > > > vV Vv Definition of execution of decree The classification of Order 21 Applications for Execution what are the decrees that may be executed? Modes of execution How is decree related to payment executed? What powers does the court have regarding the execution of Immovable Property? How is decree for specific performance for restitution of conjugal rights or for an injunction executed? Stay of an execution of a decree or Order Execution of claim and Objections Resistance to Sale Applications for Execution Who can make application for execution? v The decree holder himself. Vv His legal representative if the decree holder is dead. ¥v_ Any person claiming under the decree holder. Vv Transferee of Decree holder who has given notice to transferor and judgement debtor. SN Any one or more of the Decree holders where it is for benefit of all and no contrary intention is indicated. Against whom the application for execution can be made? @ The judgement debtor if he is alive or @Legal representatives of judgement debtor. Decrees that may be executed “ The decree of a court against which no appeal has been made shall be executed after expiry of the limitation period. “ Where a decree is reversed, modified on appeal, the only decree capable of the execution is the appellate decree, but exceptionally where the appellate judgment simply dismisses the appeal. “ The appellate decree alone is to be executed, does not apply and the court should look at the later decree for the information of its contents. Powers of the court regarding the execution of Immovable Property(Order 21 Rule 35(1) of CPC) A court executing a decree has the power- “ to attach the property and sell the property or portion thereof which is sufficient to satisfy the decree. “ After such attachment the first step is issuing proclamation of sale. “ Such a proclamation shall be prepared after notice to both the sides and shall comprise of ‘ollowing details: Time and place of sale. Details of property or part thereof to be sold. Revenue if any attached to property. Encumbrance to which the property is liable. Amount to be recovered under the decree. Such other particulars which court considers material. @Service of notice is a mandatory requirement and non-compliance will vitiate the entire proceedings. Execution of decree regarding specific performance for restitution of conjugal rights or for an injunction(Order 21, Rule 32) Where the party against whom a decree for the specific performance of a contract, or for restitution of conjugal rights or for an injunction, stay has been passed, @has had an opportunity of obeying the decree and if he has willfully failed to obey it, the decrée may be enforced, in the case of a decree for restitution of conjugal rights: By the attachment of his property, or in the case of a decree for specific performance of a contract or for an injunction. L) By his detention in Civil Prison. L) By his detention in Civil Prison. L) By the attachment of his property. Stay Of An Execution of A Decree or an Order Objectives “ to protect the interest of both the parties i.e. the decree-holder and the judgement-debtor. “ Incase the order gets reversed by the appellate court, the disputed subject matter will stay the same, thus protecting the interest if both the parties. onditions preceding the court’s order The application has been made without unreasonable delay. 1. The applicant might suffer from a substantial loss, unless such stay is applied. 2. Security has been given by the applicant for the due performance of the decree. @This decree is usually passed when both the parties are heard. @Court have a power to make ex-parte orders in case of stay of an execution(Rule 5(3))