Execution

Definition The word “Execution” is not defined in the Code of Civil Procedure. It simply means the process for enforcing the decree that is passed in favour of the decree-holder by a competent court

EXECUTION- CLAIM PETITION INTRODUCTION: Execution has not been defined in the code the expression execution means enforcement or implementation or giving an effect to the order or judgment passed by the court of justice. The expression execution simply means the process for enforcing or giving effect to the judgment of the court. The principles governing execution of decree and orders are dealt in Sections 36 to 74 and Order 21 of Civil Procedure Code. Hon'ble Apex Court in Ghanshyam Das v.AnantKumar Sinha (AIR 1991 SC 2251) dealing with provision of the code relating to execution of decree and orders, observed in following words - “ so far as the question of execution of a decree is concerned, the Civil Procedure Code contains elaborate and exhaustive provisions for dealing with it in all aspects. The numerous rules of Order 21 of the code take care of different situations providing effective remedies not only to judgment-debtors and decree-holders but also to claimant objectors, as the case may be.” Order XXI of the CPC is the lengthiest order provides detailed provisions for making an application for execution and the manner that, how they are to be entertained and decided

INTRODUCTION Execution is the last stage of any civil litigation. There are three stages in litigation- a. Institution of litigation, b. Adjudication of litigation, c. Implementation of litigation. 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 decreeholder to recover the fruits of the judgment. EXECUTION- MEANING The term “execution” has not been defined in the code. The expression “execution” simply means the process for enforcing or giving effect to the judgment of the court. The principles governing execution of decree and orders are dealt with in Sections 36 to 74 and Order 21 of the Civil Procedure Code. Hon'ble Apex Court in Ghanshyam Das v. Anant Kumar Sinha (AIR 1991 SC 2251) dealing with provision of the code relating to execution of decree and orders, observed in following words - “so far as the question of executability of a decree is concerned, the Civil Procedure Code contains elaborate and exhaustive provisions for dealing with it in all aspects. The numerous rules of Order 21 of the code take care of different situations providing effective remedies not only to judgment- debtors and decree-holders but also to claimant objectors, as the case may be”

CONCLUSION From the above discussion it clearly appears that execution is the enforcement of decrees and orders by the process of court, so as to enable the decree-holder to realise the fruits of the decree. The execution is complete when the judgement-creditor or decree-holder gets money or other thing awarded to him by the judgement, decree or order. Order 21 of the code contain elaborate and exhaustive provision for execution of decrees and order, take care of different type of situation and provide effective remedies not only to the decree-holder and judgementdebtors but also to the objectors and third parties. A decree can be executed by various modes which include delivery of possession, arrest and detention of the judgement-debtor, attachment of the property, by sale, by appointment of receiver, partition, crossdecrees and cross-claims, payment of money etc. On exceptional situation, where provisions are rendered ineffective or incapable of giving relief to an aggrieved party, he can file suit in civil court.

CONCLUSION - From the above discussion it clearly appears that execution is the enforcement of decrees and orders by the process of Court so as to enable the decree-holder to realize the fruits of the decree. Order 21 contain elaborate and exhaustive provision for execution of decrees and order, by taking care of different type of situation, Courts have to provide effective remedies not only to the decreeholder and judgment-debtors but also to the objectors and third part

Conclusion : From the above discussion it clearly appears that attachment is one of the mode for execution of a decree or order by the process of the court so as to enable the Decree holder to realize the fruits of the decree