• Under CPC 1908, after a court passes a decree in a civil suit, enforcement of that decree is not automatic. The successful party (the “decree-holder”) needs to take separate steps to enforce it. This enforcement process is called “execution.”

• Without execution, a decree remains only a piece of paper — winning the case doesn’t guarantee you get the remedy (money, property, possession, etc.) unless you enforce it.

Legal Basis

• The provisions relating to execution are mainly in Sections 36 to 74 of CPC 1908.

• The procedural details how to file an execution petition, methods of enforcement, etc.  are laid out in Order XXI of the CPC.

Who Can Apply & Against Whom

• An execution petition for enforcing the decree can be filed by:

  1. The decree-holder (i.e. the party in whose favour the decree was passed), or

  2. His legal representative / someone claiming under him.

  3. Execution can be sought against:

  • The judgment-debtor (against whom the decree was passed), and in some cases

  • His legal representatives or persons bound by the decree.

    Execution of Decree – Flowchart (CPC 1908)

    Sections 36–74 & Order XXI CPC

1️⃣ Decree Passed by Court

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A civil court finally adjudicates the rights of parties and passes a decree (money decree / possession / injunction / specific performance etc.).

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2️⃣ Decree-Holder Files Execution Petition

Order XXI Rule 10 CPC

Filed before:

• Court which passed the decree, or

• Court to which decree is transferred (Section 39 CPC)

Petition must include:

• Details of decree

• Relief sought in execution

• Mode of execution requested

• Details of JD’s assets (if known)

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3️⃣ Court Issues Notice to Judgment-Debtor

Order XXI Rule 22 CPC

Notice required when:

• Execution filed after 2 years, or

• Decree transferred, or

• Judgment-debtor is LR of deceased JD.

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4️⃣ Judgment-Debtor’s Objections (if any)

Section 47 CPC

JD may object only to:

• Execution, discharge, satisfaction of decree
  Not to merits of original decree
  (Executing Court cannot go behind decree).

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5️⃣ Court Chooses Mode(s) of Execution

Order XXI CPC

Depending on decree nature:

A. Money Decree

• Attachment + sale of property (movable/immovable)

• Arrest & detention (limited situations)

B. Decree for Possession

• Delivery of property

• Removal of obstruction

C. Decree for Specific Performance / Injunction

• Enforcement through court officer

• Attachment for disobedience

D. Other Remedies

• Appointment of Receiver

• Garnishee orders

• Partition, mesne profits, etc.

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6️⃣ Attachment Proceedings (If Applicable)

Order XXI Rules 41–54

Court identifies JD assets → issues attachment order → proclamation of sale → valuation → auction.

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7️⃣ Auction / Sale & Confirmation

Order XXI Rules 64–94

• Public auction

• Payment by highest bidder

• Court confirms sale

• Sale Certificate issued (Rule 94)

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8️⃣ Satisfaction of Decree

Once money/proceeds delivered or possession restored →
Court records: “Decree Satisfied”
(Full or Adjusted)

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9️⃣ Closure of Execution Case

Execution petition is finally disposed of.