Presentation on civil procedure code
This document provides an overview of civil procedure code execution in India. It defines execution as enforcing or giving effect to a court judgment or order to enable the decree-holder to realize the fruits of the decree. Sections 36-74 and Order 21 deal with substantive and procedural execution law. The court that passed the decree primarily executes it, but it can send it to another court for execution under Section 39. The executing court has the same powers as the court that passed the decree. An execution application is required to commence proceedings, with proper notice given to the judgment-debtor. Various modes of execution are available under Section 51, including delivery of property, attachment and sale, and arrest and detention. Sections 60 and Rules 64-94
Presentation on civil procedure code
- 1. PRESENTATION ON CIVIL PROCEDURE CODE EXECUTION BY- ADVOCATE SNEHA SUMAN LL.M (NLUO)
- 3. ORDER: 21 DEALS WITH THE SOLEMN ACT OF EXECUTION • The term “execution has not been defined in the civil procedure code. • In general parlance the expression signifies the enforcement or giving effect to a judgment or order of a court of justice. • It is meant to enable the decree- holder to realize the fruits of decree. • Secton:36 to 74 (substantive law) and order 21 (procedural law) deals with execution. • It is often said that the remedy under the civil procedure code is of superior judicial than what is generally available under other statutes.
- 4. DECREES Section: 37 of the act defines the court which passed the decree. Section:38 states that a decree may be executed by the court which passed it or by the court to which it is sent for execution. The court which passed the decree is primarily the court to execute it but under section:39 it can be sent for execution to another court. The executing court has the same power as the court that has passed the decree (Section:42) It is the duty of the executing court to see that the defendant gives the very thing the decree directs.
- 5. LET’S LEARN MORE • All proceeding in execution commences with the filing of an application. • Order 21 Rule 10 states who may file an application. • A real beneficiary, receiver, insolvent and an agent of the decree-holder can also maintain an execution application. • Rule 11 to 14 deals with the formalities that are required be complied while filing an execution application. • Notice of Execution under Rule 22 is necessary to afford the Judgment- debtor an opportunity to put forward his objections. • Section:51 of the code is very wide and permits execution of decrees by different modes. • The modes include delivery of property, attachment & sale, arrest & detention .
- 6. TO BE CONTINUED…………… • One of the modes of execution of a decree is the appointment of the receiver. • But it is considered to be an exceptional remedy and a very strong case must be made out in support of it. • Section:60 enumerate the details of the properties that are liable to be attached during the execution proceeding. • A decree may be executed by attachment and sale or sale without attachment of the property. • Rule 64 to 94 incorporates the rule pertaining to the sale of the properties.
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