Execution of Decrees & Orders

Execution of Decrees & Orders
Execution is the process of enforcing a decree and or order by a court of law.

A party in whose judgment has been given is called a Decree Holder(DH) whereas a party whom
judgment has been entered as against is called a judgment debtor(JD).
Decree - Final determination of and or adjudication of a matter by a court of competent
jurisdiction. It may be partly preliminary or partly final.
Execution is provided for under Part 111 of the civil procedure Act and Order 22 of the Civil
procedure rules.
APPLICATION FOR EXECUTION (O. 22 R. 6)
A DH may apply to court to execute a decree against a JD either Orally or through a written
application.-Order 22 Rule 6
An Oral applications for execution of a money decree can be made by the DH at the time of
making the judgment prior to making and or preparation of warrants of arrest if the JD is within
the court precincts.
Written applications are made where the mode of execution is for attachment of immovable and
or movable property or attachment of debts.
A court may on the application of the decree holder order execution of the decree: (Section 38
CPA):
by delivery of any property specifically decreed;
by attachment and sale or by sale without attachment, of any property;
by attachment of debts;
by arrest and detention in prison of any person;
by appointing a receiver; or in such other manner as the nature of the relief granted may require.
It is the decree holder to select the appropriate means of execution of his decree, subject to the
discretion of the court.
EXECUTION OF A DECREE FOR SPECIFIC MOVEABLE PROPERTY (O. 22 R. 27)
Where the decree is for a specific moveable or for any share in a specific moveable property, it
may be executed by the seizure of the moveable property or share, and delivery of it to the party
to whom it has been adjudged, or by arrest and detention of the Judgment Debtor, or attachment
of his property or both.
Execution against a movable property of the JD is said to be done when the movable property is
seized and delivered to the DH.
This power can only be used where the property is under the possession of the JD or his agent.
Order 22 Rule 27(2) Where attachment has remained in force for 6 months, if the JD has not
obeyed the decree and the DH has applied for the attached property to be sold, it may be sold and
the proceeds of sale awarded to the DH.
Order 22 Rule 27(3) If a JD has not executed a decree for attachment of property at the end of six
months from the date of the attachment, the attachment of the said property ceases.
ATTACHMENT OF IMMOVABLE PROPERTY (O. 22 R. 10)
Where the property to be attached is agricultural produce, you attach the property by affixing a
warrant of attachment in the field where the property is growing or where it is stored or where
the JD resides or works for gain.
If it involves share of dividend in a company - a prohibitory order is issued against the person in
whose name the share is registered prohibiting the transfer of the share or receipt of any dividend
on that share. If the property is moveable in possession of a 3rd Party, attachment is with
prohibition order against 3rd party.
If it is against Land - a prohibitory order is registered against it for the benefit of the DH or the
land can be sold and the proceeds be delivered to the DH to satisfy the decree.
The attachment against immoveable property becomes complete and effective when a copy of
the prohibitory order is registered against the title.
DECREE FOR PAYMENT OF MONEY (O. 22 R. 26)
A decree for payment of money may be executed by detention in prison of the JD or attachment
of his property, or both.
Section 38 CPA: Execution by detention in prison shall not be ordered unless after giving
Judgment Debtor, an opportunity to show cause why he should not be committed to prison the
court, for reasons recorded in writing, is satisfied – Judgment Debtor, with object of obstructing
or delaying execution is likely to abscond or leave local limits and has after institution of the suit
in which decree is passed, dishonestly transferred, concealed or removed any part of his
property, or committed any other act in bad faith in relation to his property.
That the Judgment Debtor, has, or has had since the date of the decree, the means to pay the
amount of the decree, or some substantial part of it, but refuses or neglects to pay the same.
ATTACHMENT OF SALARY OR ALLOWANCE (O. 22 R. 42)
This is effected by attaching a third of the JD’s salary which is remitted to the DH. If this order is
not complied with, one issues a notice to show cause to be served on the Judgment Debtor
requiring him/her to appear before court and show cause why the decree has not been satisfied.
If the Judgment Debtor does not show sufficient cause, then the court will make an order
attaching one third of the salary of the Judgment Debtor and the order will require that the
employer deducts one third of the salary and forfeits to the court or the Advocate of the DH if the
court so directs.
What if a third of the JD’s salary is already attached in satisfaction of another decree? O22 Rule
42(2) the JD is to retain and remit the attachable proportion of the salary or allowance in
accordance of the order next received by him/her.
Arrest and Detention (Section 40 CPA)
One must issue notice to show cause unless the Judgement Debtor is within the precincts and an
oral application has been made. If the person on appearing before court fails to convince the
court about his failure to satisfy the decree, he can be remanded to prison at the expense of the
Decree Holder for a period not exceeding 6 months and/or satisfaction of the decree.
EXECUTION ON CROSS DECREES (O. 22 R. 14)
This is where each party has a decree against the other. This can only occur where the following
conditions exist.
The same court receives applications for executions of the cross decrees
Each decree is for payment of money
Both decrees are capable of execution at the same time and by the same court.
The parties have filed the suit in the same capacity of character in the same cases.
If those conditions are satisfied, then the court must record that they are satisfied and that the
sums are equal.
If the sums are not equal, then the one with the larger sum will be allowed to execute.
CPA section 31.
Transfer of decree
(1) The court which passed a decree may, on the application of the decree-holder, send it for
execution to another court—
(a) if the person against whom the decree is passed actually and voluntarily resides or carries
on business, or personally works for gain, within the local limits of the jurisdiction of that
other court; or
(b) if such person has no property within the local limits of the jurisdiction of the court which
passed the decree sufficient to satisfy such decree and has property within the local limits
of the jurisdiction of such other court; or
(c) if the decree directs the sale or delivery of immovable property situate outside the local
limits of the jurisdiction of the court which has passed it; or
(d) if the court which has passed the decree considers for any other reason, which it has
recorded in writing, that the decree should be executed by such other court.
(2) The court which passed a decree may of its own motion send it for execution to any court
of inferior but competent jurisdiction.

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Execution of Decrees & Orders

Execution is the process of enforcing a decree and or order by a court of law.

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