INTRODUCTION

Execution of a decree is the terminal phase of civil

litigation, where the decree-holder seeks to realize
the benefits granted by a competent court through
judicial enforcement. While securing a favorable
judgment is crucial, its practical value lies in the
ability to execute it effectively. Order XXI of the Code
of Civil Procedure, 1908 (CPC), codified by British
India and adopted by Pakistan, remains the primary
legal mechanism for execution proceedings in civil
law. Spanning 106 rules, Order XXI is not only the
most voluminous order in the CPC but also one of the
most complex and frequently invoked in civil courts.
This comprehensive assignment seeks to analyze
each set of rules under Order XXI, contextualizing
them with relevant statutory principles and judicial
interpretations, thereby presenting a structured
understanding of decree execution in Pakistan.

General Provisions (Rules 1–6)

The first six rules provide foundational mechanisms

for fulfilling money decrees and initiating execution.
Rule 1 allows the judgment-debtor to pay the
decretal amount either directly to the decree-holder
or through the court. Payment through court must be
properly documented, which protects both parties
from future disputes (CPC, 1908, s. 47). Rule 2 is
significant in regulating out-of-court settlements or
part payments. The judgment-debtor must report
such adjustments to the court, which then certifies
and enters them in the execution record. Failure to
do so renders such settlements legally ineffective
(PLD 1985 SC 407).

Rule 3 mandates that when execution involves land

or immovable property, due notice must be served to
those in possession to avoid ex parte dispossession.
Rules 4 to 6 provide procedures for executing joint
decrees against multiple judgment-debtors. If some
parties are unavailable or deceased, execution may
still proceed against the remaining parties, and
appropriate substitution or representation is ensured
to prevent a miscarriage of justice.

Jurisdiction and Transfer of Decrees (Rules 7–

10)

Rules 7 through 10 lay the groundwork for

determining the competent court to execute a
decree. Rule 10 is of particular importance as it
prescribes that the court which passed the decree
shall ordinarily be the executing court. However, if
the judgment-debtor resides or owns property within
the jurisdiction of another court, the decree may be
transferred under Rule 7 or 8. Rule 9 outlines
procedural details, such as the format of the transfer
certificate and the legal formalities that must be
complied with. Rule 10 further reiterates the principle
of centralized execution, subject to transfer when
necessary (Awan, 2020).

Applications for Execution (Rules 11–26)

These rules define how execution is initiated and

under what circumstances it may proceed. Rule 11
sets out the requirements for an execution petition.
The applicant must provide full details of the decree,
the parties involved, and the mode of execution
sought. Rule 12 allows execution against legal
representatives when a judgment-debtor has died.
However, this must be preceded by notice as per
Rule 13, to ensure compliance with the principles of
audi alteram partem (hear the other side).

Rules 14 to 17 deal with possession decrees

involving tenants or third parties. These rules prevent
misuse by decree-holders attempting to evict bona
fide occupants. Rules 18 and 19 allow for the
substitution of parties in the case of assignments or
death. Rules 20 to 26 address specialized
situations, such as execution in case of reciprocal
decrees, cross-decrees, and foreign judgments
recognized under section 13 of the CPC. The
Supreme Court of Pakistan has reiterated that
execution proceedings must strictly adhere to
procedural rules, especially where international or
inter-jurisdictional issues are involved (2020 SCMR
993).

Execution by Arrest and Detention (Rules 30–

40)

Rules 30 to 40 deal with the coercive method of

arrest and detention in execution of a money decree.
Rule 30 enables a decree-holder to apply for arrest if
the judgment-debtor fails to pay the decretal
amount. However, Rule 37 is a safeguard against
abuse, requiring the court to issue a show-cause
notice before ordering arrest. Rule 39 prescribes the
form of warrant and the protocol to be followed by
the bailiff. Rule 40 allows the court to conduct a
hearing post-arrest, where the judgment-debtor can
plead insolvency or lack of means. In the landmark
case PLD 2006 SC 514, the apex court held that
detention is not punitive but remedial and must
follow due process.

These provisions aim to strike a balance between

compelling compliance and preventing unjustified
deprivation of liberty. Execution courts are also
empowered to release the debtor if mala fide intent
or undue hardship is demonstrated.

Attachment of Property (Rules 41–57)

Rules 41 to 57 provide detailed procedures for the

attachment of property—both movable and
immovable. Rule 41 permits the court to compel
disclosure of property through affidavit. This rule is
often invoked when debtors attempt to shield assets.
Rule 42 enables interim attachment pending a full
hearing. Rule 43 outlines the procedure for attaching
movable property by making an inventory and taking
possession.

Rules 44 and 45 cover special categories such as

agricultural produce and shares in corporations. Rule
46 introduces garnishee proceedings, allowing the
court to attach debts owed to the judgment-debtor
by third parties. Rule 51 is critical, as it exempts
certain assets—particularly the salaries of
government servants, pensions, and tools of artisans
—from attachment under Article 11 of the
Constitution and human dignity principles.

Rule 54 governs attachment of immovable property

and requires that notice be affixed conspicuously on
the property itself. Failure to serve proper notice may
vitiate the entire execution process (2015 SCMR
456).

Sale of Attached Property (Rules 64–74)

These rules pertain to the sale of attached property.

Rule 64 provides that the court may direct sale of
such part of property as is sufficient to satisfy the
decree. This is intended to prevent excessive
liquidation of the debtor’s estate. Rule 65 mandates
that sales be conducted by officers of the court or
through public auction.

Rule 66 is foundational—it requires issuance of a

proclamation detailing the property, its assessed
value, and conditions of sale. This ensures
transparency and allows bidders to make informed
decisions. Rules 67 and 68 set a mandatory time gap
(not less than 15 days) between the proclamation
and sale. Rule 72 enables decree-holders to
participate in bidding, but only with the court’s
permission to avoid conflicts of interest.

Rule 74 mandates confirmation of sale by the court,

after which a sale certificate is issued. The principle
of finality is respected here, and subsequent
challenges are only allowed on grounds of fraud or
substantial irregularity under Rule 90.
Delivery of Possession (Rules 75–81)

Rules 75 to 81 deal with the post-sale delivery of

possession. Rule 75 authorizes the court to use lawful
force to deliver immovable property to the decree-
holder. Rule 76 addresses delivery of movable
property. Rule 77 concerns negotiable instruments or
securities, which may require endorsement.

Rules 78 and 80 provide for symbolic possession

when actual physical possession is impractical, such
as in cases of large estates or disputed boundaries.
These provisions are vital in preventing endless
litigation after decree execution, particularly in real
estate disputes (2021 MLD 1159).

Execution of Specific Performance and

Injunctions (Rules 82–88)

Specific performance and injunctions, unlike money

decrees, are non-pecuniary in nature and often
require direct compliance. Rule 82 permits the court
to enforce these by means of arrest or attachment.
Rule 83 is used in matrimonial decrees, particularly
restitution of conjugal rights. Rule 84 authorizes the
court to modify the mode of execution, such as
converting specific performance into compensatory
damages if enforcement becomes impractical.

Rule 85 deals with perpetual or temporary

injunctions. If a party disobeys the order, they may
be punished for contempt under relevant laws. These
rules are especially applicable in property, family,
and contract law cases.
Setting Aside Sales (Rules 89–96)

This set of rules outlines how a judgment-debtor or

purchaser can challenge the court’s sale. Rule 89
allows the debtor to set aside the sale by depositing
the decretal amount plus 5% of the purchase money
for the purchaser. Rule 90 provides that sales can be
set aside if they were marred by material
irregularities or fraud, but the applicant must prove
substantial injury.

Rule 91 empowers a purchaser to apply for

cancellation if the judgment-debtor lacked title. Rule
92 states that once confirmed, the sale becomes
final, subject to setting aside under Rule 89 or 90.
Rule 94 requires the court to issue a sale certificate
to the successful bidder after the sale is confirmed,
giving them a legal title to the property.

Resistance and Obstruction (Rules 97–106)

Rules 97 to 106 deal with resistance to possession.

Rule 97 enables the decree-holder to apply when
unlawfully resisted. Rule 99 provides a remedy to
third parties in possession under independent title,
who may file a claim to resist dispossession. Rules
100 and 101 authorize the court to investigate such
claims, and Rule 103 states that its decision shall be
final.

This mechanism provides a complete dispute

resolution process within the execution forum,
eliminating the need for separate suits and thus
promoting judicial economy. As clarified in 2011
SCMR 512, the executing court has exclusive
jurisdiction over these matters and must decide them
summarily but judiciously.

CONCLUSION

Order XXI of the Code of Civil Procedure is a

cornerstone of civil jurisprudence in Pakistan. It
meticulously lays down procedures to ensure that
decrees are not mere paper declarations but are
implemented in full legal spirit. From enabling money
recoveries to ensuring possession and enforcing
specific relief, the Order covers a wide spectrum of
execution mechanisms. Importantly, it incorporates
safeguards to prevent abuse and protects third
parties from wrongful dispossession or harassment.
Legal practitioners must possess an in-depth
understanding of Order XXI to navigate the
complexities of enforcement. Ultimately, the
effectiveness of civil justice depends not just on
adjudication but on execution, and Order XXI ensures
that justice does not remain illusory.