Execution of a decree is the final stage of any civil litigation. Out of the three stages in litigation, namely, institution stage, adjudication stage and implementation stage, the last stage is also known as execution. Decree is the end result of the judgment. The execution of a decree gives the decree-holder a right to reap the benefits from such judgment.
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. Where a decree or judgement is not executed by the desired party, the decree holder is entitled to file an Execution Petition, directing a judgement debtor to execute the decree or judgement. The Locus Standi to file an execution petition lies in the hands of the decree as per the provisions of the Code of Civil Procedure Code.
Provisions:
Section 37 of the Code of Civil Procedure recite about the courts that are competent to execute a decrees. A decree shall be executed by the court to which passed it or by any court to which it is transferred for execution. The expression as under section 37 includes within its meaning certain courts other than the court which actually passes the order.
Jurisdiction:
The executing court has no power to go behind the decree or question the jurisdiction of the court which passed it. It shall have powers only to execute the decree as it stands. However, it may refer to the judgement to ascertain the meaning of any ambiguous term present in the decree.
Parties:
The parties to a decree or judgement are:-
- Decree holder – Section 2(3) of the Code of Civil Procedure defines decree holder as ‘decree holder means any person in whose favour a decree has been or an order capable of execution has been made’.
- Judgement Debtor – Section 2(10) of the Code of Civil Procedure defines it as ‘ any person against whom an decree or an order capable of execution has been made’
Part E, Order 21 of the Code of Civil Procedure provide for the procedures involved in making an application for execution and the process of how they are to be entertained, dealt with and decided.
Execution is the act of implementation or enforcement of a decree to a judicial process which authorizes the decree holder to reap the fruits of such decree passed in his favour by the competent court. An execution proceeding is put to action by the filing of an application for execution. According to the procedures laid down in the Code of Civil Procedure an execution application should be made to the court who passed the decree or to the court where the decree has been transferred to. Upon the receipt of application for execution. The court will examine the compliance of rules laid down under the act. If they are complied with, the court must admit and register such application.
When a judgement or a decree has been passed, the decree holder is automatically entitled to the execution of such order, decree or judgement. This right can be exercised by the decree holder only when it is in accordance with section 136 of the Limitation Act, 1963. According to this section, where the decree holder seeks to make an application for execution it must be filed within 3 years of the date of the final decree and if in case of the applications being subsequent, within 3 years of the date of final order passed on a previous application made in accordance with law for execution.
Where the decree holder fails to file the execution petition within the desired period of 3 years, they may give to the court an application for condonation of delay stating sufficient reasons for such delay. However, accepting the condonation of delay is a discretion of the Court depending on the reasons stated in such petition.
If in case the decree holder fails to file the execution application subsequent to such limitation period he might be put in a situation with lack of any remedies or benefits available to him.