THE PRESENTATION deals with execution which is an imperative topic under cpc.

1. PRESENTATION ON CIVIL
PROCEDURE CODE
EXECUTION
BY- ADVOCATE SNEHA SUMAN
LL.M (NLUO)

2. WHAT IS EXECUTION

3. ORDER: 21 DEALS WITH THE
SOLEMN ACT OF EXECUTION
• The term “execution has not been defined in the civil procedure code.
• In general parlance the expression signifies the enforcement or giving effect to a
judgment or order of a court of justice.
• It is meant to enable the decree- holder to realize the fruits of decree.
• Secton:36 to 74 (substantive law) and order 21 (procedural law) deals with
execution.
• It is often said that the remedy under the civil procedure code is of superior judicial
than what is generally available under other statutes.

4. DECREES
Section: 37 of the act defines the court which passed the decree.
Section:38 states that a decree may be executed by the court which passed it or by
the court to which it is sent for execution.
The court which passed the decree is primarily the court to execute it but under
section:39 it can be sent for execution to another court.
The executing court has the same power as the court that has passed the decree
(Section:42)
It is the duty of the executing court to see that the defendant gives the very thing
the decree directs.

5. LET’S LEARN MORE
• All proceeding in execution commences with the filing of an application.
• Order 21 Rule 10 states who may file an application.
• A real beneficiary, receiver, insolvent and an agent of the decree-holder can also maintain
an execution application.
• Rule 11 to 14 deals with the formalities that are required be complied while filing an
execution application.
• Notice of Execution under Rule 22 is necessary to afford the Judgment- debtor an
opportunity to put forward his objections.
• Section:51 of the code is very wide and permits execution of decrees by different modes.
• The modes include delivery of property, attachment & sale, arrest & detention .

6. TO BE CONTINUED……………
• One of the modes of execution of a decree is the appointment of the receiver.
• But it is considered to be an exceptional remedy and a very strong case must be
made out in support of it.
• Section:60 enumerate the details of the properties that are liable to be attached
during the execution proceeding.
• A decree may be executed by attachment and sale or sale without attachment of the
property.
• Rule 64 to 94 incorporates the rule pertaining to the sale of the properties.

7. .
END…