What do you mean by execution? Who can apply for execution of a decree?

Question: What do you mean by execution? Who can apply for execution of a decree?

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Answer

The term “execution” has nowhere been defined in C.P.C. In its widest sense, the expression “execution” signifies the enforcement or giving effect to the judgment or order of the court of justice. 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 realize the fruits of the decree.

For example:- 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 decretal amount.

Since the decree is passed against B, he is bound to pay Rs 10,000/- to A. Suppose inspite 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 following persons may apply for the execution of decree –

1. The decree holder.
2. The legal representatives of the decree holder, if the decree holder is dead.
3. Any person claiming under the decree-holder.
4. The transferee of the decree-holder, if the following conditions are satisfied –
   1. The decree must have been transferred by an assignment in writing or by operation of law,
   2. The application for execution must have been made to the court which passed the decree;
   3. Notice must have, been given to the transferor and the judgment – debtor. The provision of giving notice is mandatory and in the absence of it, all the proceedings in the execution would be void.
5. Any one or more of the joint decree-holders, provided the following conditions are satisfied-
   1. The decree should not have imposed any condition to the contrary;
   2. The application must have been made for the execution of the whole decree; and
   3. The application must have been for the benefit of all the joint decree-holders; or where nay of them has dies, for the benefit of the survivors and the legal representatives of the deceased decree holder.

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