Execution Petition

ek-si-KYOO-shun pe-TI-shun Latin 'executio': carrying out, performance

Definition

A petition filed by a decree-holder to enforce a decree passed in their favor when the judgment-debtor fails to comply voluntarily.

Detailed Explanation

An execution petition is the procedural mechanism by which a decree-holder seeks to enforce a decree against a judgment-debtor. It is governed by Sections 36 to 74 and Order XXI of the Code of Civil Procedure, 1908. The execution process translates the judicial pronouncement into actual relief for the successful party.

The modes of execution include delivery of property, attachment and sale of property, arrest and detention of the judgment-debtor, and appointment of a receiver. The court executing the decree is bound by the decree and cannot go behind it or question its correctness. However, the executing court can interpret the decree if there is any ambiguity.

An execution petition must be filed within 12 years from the date when the decree becomes enforceable under Article 136 of the Limitation Act, 1963. Each step in aid of execution (like payment of costs) extends the limitation period for subsequent steps. The executing court has wide powers to ensure effective execution but must act within the bounds of law.

Essential Elements

1 A valid and executable decree or order
2 Application by the decree-holder
3 Non-compliance by the judgment-debtor
4 Prayer for specific mode of execution
5 Filed within limitation period
6 Proper court of execution (court which passed decree or court to which decree is transferred)

Leading Cases

Vasudev Dhanjibhai Modi v. Rajabhai Abdul Rehman

1970

(1970) 1 SCC 670

Relevance: Held that executing court cannot go behind the decree

Padanathil Ruqmini Amma v. P.K. Abdulla

1996

(1996) 7 SCC 668

Relevance: Explained the scope of objections in execution proceedings

Dhurandhar Prasad Singh v. Jai Prakash University

2001

(2001) 6 SCC 534

Relevance: Discussed the principle that decree must be executed as it stands

Usage Example

"After the defendant failed to pay the decreed amount within the stipulated period, the plaintiff filed an execution petition seeking attachment and sale of the defendant's property."

Synonyms

execution application enforcement petition execution proceedings

Related Terms

Decree

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