Updated: May 20, 2020
According to Merriam-Webster the term execution of decree means “the process of enforcing a legal judgment” or “a judicial writ directing such enforcement”. Execution of a decree is the helpful way by the court to the decree-holder that he should know the actual benefits of the decree which is in his favor.
Provision related to the execution of a decree is contained in Section-37 to 74 and Order-21 of the Civil Procedure Code, 1908.
The expression “execution of decree” means the enforcement of a decree of a court for the benefit of the person in whose favor decree was passed.
Meaning of court which has passed the decree
Section-37 of the code follow as “The expression “Court which passed a decree”, or words to that effect, shall, in relation to the execution of decrees, unless there is anything repugnant in the subject or context, be deemed to include,-(a) where the decree to be executed has been passed in the exercise of appellate jurisdiction, the Court of first instance, and
(b) where the Court of first instance has ceased to exist or to have jurisdiction to execute it, the Court which, if the suit wherein the decree was passed was instituted at the time of making the application for the execution of the decree, would have jurisdiction to try such suit.
Courts by which decree may be executed
Section-38 of the code follows as “a decree may be executed either by the court which passed it, or by the court to which it is sent for execution”. According to section-38, there are two courts which can execute the decree:-
a) The court which has passed the decree.
b) The court to which the decree is sent for the execution.
Powers of court to enforce execution
Subject to such conditions and limitations as may be prescribed, the Court may, on the application of the decree-holder, order execution of the decree :
(a) by delivery of any property specifically decreed;
(b) by attachment and sale or by the sale without attachment of any property;
(c) by arrest and detention in prison [for such period not exceeding the period specified in section 58, where arrest and detention is permissible under that section];
(d) by appointing a receiver; or
(e) in such other manner as the nature of the relief granted may require:
Duty to certify the result of the execution
The Court to which a decree is sent for execution shall certify to the Court which passed it the fact of such execution, or where the former Court fails to execute the same the circumstances attending such failure. (Section-41)
Powers of executing court
The section states the jurisdiction and power of the court in executing a decree. An application for execution of the decree can either be oral or written. The court may execute decree as per the mode of implementation prayed by the decree-holder or as the court deems fit.
The execution of a decree is necessary and important for the decree-holder because the decree-holder does not know the actual benefits of the decree. And legal execution of the decree will help him to know the fruits of the decree. And it also clears that execution means implementing or enforcing or giving effect to an order or a judgment passed by the court of justice.