EXECUTION OF DECREE

 The word ‘Decree’ (1) often appears along with the word ‘Judgment’ in Civil Courts, exercising the original jurisdiction. A Decree is passed after the final adjudication of disputes between the parties and, the law governing the aspect of Execution of Decree is prescribed under the Civil Procedure Code, 1908 (‘Code’) from Sections 36 to 74, 82, 135 and Order XXI (Rules 1 to 106) of the Code.

Similarly, the Award passed by an Arbitral Tribunal is also deemed to be a Decree of a Court and can be executed as a Decree under the Arbitration and Conciliation Act, 1996 (‘Act’) (2). Thus, the Award can be filed for execution before the Court where the assets of the judgment debtor are located as per the procedures established under the Code.

General Principles

While referring to Execution, the reservoir of power of Courts in executing the Decrees or Orders is contemplated under Section 51 of the Code. The magnitude of powers conferred to the Court under Section 51 of the Code are directly in connection under Order XXI of the Code. The Clauses (a) to (e) connected with Order XXI of the Code are provided as under:

  1. By delivery of any property specifically decreed- Order XI, Rule 35
  2. By attachment and sale or by sale or by sale without attachment of any property- Section 60, 65-67 & Order XI, Rules 41-54, 58 and 64-106.
  3. By arrest and detention in prison- Section 55 to 59 and Order XI Rules 11A, 22 and 37 to 40
  4. By appointing a receiver- Order XL

At this juncture, it is necessary to throw light on Section 38 of the Code, which speaks about the Court by which decree may be executed, which takes us to Section 37 of the Code.

Read More: https://tlegal.com/blog-details/execution-of-decree

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