When you are the decree holder and the losing party fails to comply then you can legally request court to enforce or implement the judgement or decree.
For the purpose of such an enforcement, the person who holds the judgement, decree or order has to make an application to the appropriate court of execution which shall, as a general rule, be the same court which has passed the same. Sec 36 – 74 read which order XXI CPC deals with the subject matter of execution. As provided for in section 36 CPC, the provisions relating to the execution of a decree shall, so far as they are applicable, be deemed to apply to the execution of an order. A decree may be executed either by the court to which it is sent for execution. The period of limitation of execution of the judgement or decree order, the party has to file an execution petition in the given format.
Legal Provisions:
CPC Sections – 36 to 74
Order – XXI CPC
Limitation – 12 years (Article 136, Limitation Act)
Purpose – Recover Money, Enforce Orders, Gain Possession, Prevent Violation
Executable Decrees – Money, Possession, Injunction, Performance
Jurisdiction
Filed In – Original Court, Transferee Court
Execution Location – Where JD Lives, Where JD Has Property
Documents – Certified Decree, Affidavit, JD Address, Property List, Proof of Non-Compliance
Execution Modes – Attachment & Sale, Arrest & Detention, Delivery of Possession, Garnishee Order, Receiver Appointment
Contents – Court Details, Parties’ Details, Decree Summary, Non-Compliance, Prayer, Execution Mode, Affidavit
Post-Filing – Notice to JD, Objections (S.47 CPC), Hearing, Execution Order, Bailiff Action.
Sample draft
IN THE COURT OF THE HON’BLE PRINCIPAL JUNIOR CIVIL JUDGE AT HUSNABAD
I.A. No. 108 of 2020
in
O.S. No. 168 of 2009
Between:
Ablaf Md
… Plaintiff / Decree Holder
AND
Arjun Ojha
… Respondent / Judgment Debtor
EXECUTION PETITION FILED UNDER ORDER XXI RULES 54 & 64 CPC
May it please Your Honour,
I, the petitioner/decree holder, most respectfully submit this Execution Petition under the provisions of Order XXI Rules 54 and 64 of the Code of Civil Procedure for execution of the decree passed in my favour by this Hon’ble Court in O.S. No. 168 of 2009, dated 24/04/2017, against the respondent/defendant/judgment debtor. The details are as under:
Suit Number: O.S. No. 168 of 2009
Decree Holder:
Name: Md. Altaf
S/o Md. Ahmed
Age: 29 years
R/o Husnabad, Siddipet District
Judgment Debtor:
Name: Arjun Ojha
S/o Suresh Ojha
Occupation: Business
R/o Husnabad, Siddipet District
Date of Decree: 24/04/2017
a) Appeal Filed: No
b) Payment/Adjustment After Decree: No
c) Previous Execution Application: No
d) Amount of Decree: ₹40,000/-
e) Decree Costs Awarded: ₹4,000/-
f) Interest Calculation:
• From 29/11/2009 to 24/04/2014 on ₹40,000 @12% p.a.: ₹10,100/-
• From 24/04/2014 to 25/02/2019 on ₹40,000 @6% p.a. (2 years, 10 months, 1 day): ₹2,400/-
g) Other Costs:
• Advocate Fee in E.P.: ₹1,100/-
• Process Fee Loss: ₹38.00/-
• Miscellaneous: ₹62.60/-
h) Total Amount Due: ₹57,600/-
Against Whom Execution Sought: Judgment Debtor – Arjun Ojha
Execution Assistance & Grounds:
The Decree Holder submits that the Judgment Debtor is liable to pay ₹30,000/- and accrued interest as per the judgment from 24/04/2017 till date. The Judgment Debtor has sufficient means and assets, including business goods, furniture, etc., worth ₹1,00,000/- located at his business premises.
Further, the Judgment Debtor resides in House No. 11, Husnabad Village and Mandal, Siddipet District. Hence, the Decree Holder prays that the above-mentioned movable properties of the Judgment Debtor may kindly be attached and sold under Order XXI Rules 54 & 64 CPC, and the proceeds be applied towards the satisfaction of the decree amount.
It is also prayed that a notice under Order XXI Rule 22 CPC may kindly be issued to the Judgment Debtor.
Date: 17/08/2019
Place: Husnabad
Decree Holder
(Signature)
Declaration / Verification
I, the above-named Decree Holder, do hereby declare that the contents of this Execution Petition are true and correct to the best of my knowledge and belief.
Sd/-
Decree Holder
