Execution is the last stage of any civil litigation

INTRODUCTION Execution is the last stage of any civil litigation. There are three stages in litigation: 1. Institution of litigation. 2. Adjudication of litigation. 3. Implementation of litigation. Implementation of litigation is also known as execution. A decree will come into existence where the civil litigation has been instituted with the presentment of plaint. Decree means operation or conclusiveness of judgement. Implementation of a decree will be done only when parties has filed application in that regard. A decree or order will be executed by court as facilitative and not as obligation. If a party is not approaching court, then the court has no obligation to implement it suo-motto. A decree will be executed by the court which has passed the judgement. In exceptional circumstances, the judgement will be implemented by other court which is having competency in that regard. Execution is the medium by which a decree-holder compels the judgement-debtor to carry out the mandate of the decree or order as the case may be. It enables the decree-holder to recover the fruits of the judgement. The execution is complete when the judgement-creditor or decree-holder gets money or other thing awarded to him by judgement, decree or order. MEANING: The term “execution” has not been defined in the code. The expression “execution” means enforcement or implementation or giving an effect to the order or judgement passed by the court of justice. Simply “execution” means the process for enforcing or giving effect to the judgement of the court. Supreme Court in Ghanshyam Das v. Anant Kumar Sinha [(1991) 4 SCC 379 = AIR 1991 SC 2251], dealing with provision of the code relating to execution of decree and orders, stated as follows:- “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 judgementdebtors and decree-holders but also to claimant objectors, as the case may be In an exceptional case, where provisions are rendered incapable of giving relief to an aggrieved party in adequate measures and appropriate time, the answer is a regular suit in the civil court.” PRINCIPLES WITH REGARD TO EXECUTION OF DECREE AND ORDER  Provision of CPC relating to execution of decree and order shall be made applicable to both Appeal and Suit.  A decree may be executed by the court which passed the judgement and decree or by some other court which is having competency to implement the judgement passed by such other court.  The court which passed the decree may send it for execution to other court either on application of the applicant (decree-holder) or by the court itself.  A court may order for execution of decree on the application of decree on the application of decree holder (a) by delivery of any property which was in possession of judgement-debtor and decree has been specifically passed concerning such property (b) by attachment and sell of the property of the judgement-debtor (c) by arrest and detention (civil imprisonment) (d) by appointing a receiver (e) in such other manner which depends upon nature of relief granted by the court.  Upon the application of decree-holder, the court may issue “percept” to any other court which is competent in that regard.  All questions arising between the parties to the suit in the decree shall be determined by the court while executing the decree and not by separate suit.  Where a decree is passed against a party as the “legal representative” of a deceased person and decree is for payment of money out of the property of deceased person, it may be executed by attachment and sell of any such property.  A judgement-debtor may be arrested at any time and on any date shall required to be brought before the court which has passed the decree and his detention may be in civil prison of the district where decree shall have to be executed.  Where immovable property has been sold by the court in execution of a decree such sell shall be absolute. The property shall be deemed to be invested in the favour of purchaser, and the purchaser shall be deemed as a party to litigation.  The court to which decree is sent for execution shall require certifying to the court which has passed decree stating the manner in which decree has been implementing concerning the fact of such execution.