State the modes of the execution of decrees.

Question: State the modes of the execution of decrees. [UPHJS 2000, B. J. 1989]

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Answer

There are multiple modes of execution, available as per Section 51 of the Code of Civil Procedure. According to Section 51, the modes of execution include the following –

1. 1. By delivery of any property (movable or immovable) specifically decreed.
   2. By sale of the property with or without the attachment of the property. If the property is situated within the jurisdiction of the court then it has the power to attach the property.
   3. By arrest and detention. However, this mode should not be exercised without giving a reasonable opportunity to the judgment-debtor, in the form of a show-cause notice as to why he should not be imprisoned.
   4. Execution by appointing a receiver

1. Delivery of Property

a) According to Rule 31 of Order XXI, where the decree is for any specific movable property, it may be executed

1) the seizure, if practicable, of the movable or share, and by the delivery or

2) by the detention in the civil prison of the judgment-debtor, or

3) by the attachment of his property, or

4) by both for the application of this rule, the property must be in possession of the judgment debtor.

b) Immovable property – According to Rule 35 and 36, where a decree is for the delivery of any immovable property, possession thereof shall be delivered to the party to whom it has been adjudged, or to such person as he may appoint to receive delivery on his behalf, and, if necessary, by removing any person bound by the decree who refuses to vacate the property.

Where a decree is for the delivery of any immovable property in the occupancy of a tenant or other person entitled to occupy the same, the Court shall order delivery to be made by affixing a copy of the warrant in some conspicuous place on the property, and proclaiming to the occupant by the beat of drum or other customary modes, at some convenient place, the substance of the decree in regard to the property.

2. Attachment and sale of property

Section 60 of The Code of Civil Procedure states the list of properties that are liable to attachment and sale in execution of the decree. The list which is liable to be attached for enforcement of decree according to this Section is:

1. 1. 1. Land;
      2. Houses or other buildings;
      3. Goods and Money;
      4. Banknotes and cheques;
      5. Bill of exchanges and promissory notes;
      6. Hundis;
      7. Government Securities, bonds, and other securities for money;
      8. Debts;
      9. Shares in the corporation;
      10. All other saleable property that belongs to the judgment-debtor can be movable or immovable.

Section 61 of the Code of Civil Procedure states a partial exemption of agricultural produce.

Order XXI, Rule 3 of the Code of Civil Procedure provides that if the immovable property is located in more than the local limits of the jurisdiction of one or more courts, then one of the courts can sell and attach the property. According to Order XXI, Rule 13, there has to be certain information in the application for attachment of immovable property.

3. Arrest and detention

One of the modes of executing a decree is arrest and detention in the civil prison of the judgment-debtor. However, this should be read subject to proviso to Section 51. The proviso lays down that where the decree is for the payment of money, execution by detention in prison shall not be ordered unless, after giving the judgment-debtor an opportunity of showing cause why he should not be committed to prison, the Court, for reasons recorded in writing, is satisfied—

(a) that the judgment-debtor, with the object or effect of obstructing or delaying the execution of the decree,—

(i) is likely to abscond or leave the local limits of the jurisdiction of the Court, or

(ii) has, after the institution of the suit in which the decree was passed, dishonestly transferred, concealed, or removed any part of his property, or committed any other act of bad faith in relation to his property, or

(b) 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 thereof and refuses or neglects or has refused or neglected to pay the same, or

(c) that the decree is for a sum for which the judgment-debtor was bound in a fiduciary capacity to account. These provisions are mandatory in nature and must be strictly complied with.

4. Appointment of receiver

Execution by appointment of a receiver is known as equitable execution and is entirely within the discretion of the court. It cannot be claimed as of right. The appointment of the receiver in the execution is proceedings is considered to be an exceptional remedy and a very strong case must be made out in support of it.

The decree-holder before resorting to this mode must show that there is no effective remedy for obtaining relief by the usual statutory modes of execution. The court must also be satisfied that the appointment of a receiver is likely to benefit both the decree-holder and the judgment debtor rather than a sale of the attached property.

5. By such other manner as the nature of the relief granted may require

Section 51, the fifth and the last mode of execution is based on equity and it is the discretion of the court.

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