Free Judiciary Notes · CPC Notes
CPC Order 21
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EXECUTION
The term “execution” has not been defined in the Code. Stated simply, “execution” means the process for enforcing or giving effect to the judgment of the Court. In other words, execution is the enforcement of decrees and orders by the process of the court, so as to enable the decree-holder to realise the fruits of the decree.
The execution is complete when the judgment-creditor or decree-holder gets money or other thing awarded to him by the judgment, decree or order.
ILLUSTARTION
A files a suit against B for Rs 10,000 and obtains a decree against him. Here A is the judgment-creditor or decree holder. B is the judgment-debtor, and the amount of Rs 10,000 is the judgment-debt or the decretal amount. Since the decree is passed against B, he is bound to pay Rs 10,000 to A.
Suppose in spite of the decree, B refuses to pay the decretal amount to A, A can recover the said amount from B by executing the decree through judicial process.
The principles governing execution of decrees and orders are dealt with in Sections 36 to 74 (substantive law) and Order 21 of the Code (procedural provisions).
Order 21 contains 106 Rules and is the longest of all Orders in the Code.
GHAN SHYAM DAS V. ANANT KUMAR SINHA (1991) 4 SCC 379: AIR 1991 SC 2x51.
In above case, dealing with the provisions of the Code relating to execution of decrees and orders, the Supreme Court stated, “So far as the question of executability of a decree is concerned, the Civil Procedure Code contains elaborate and exhaustive provisions for dealing with it in all its aspects.