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Application for the execution(2)

The document outlines the procedures and requirements for filing an application for execution of a decree, specifying who may apply, the necessary contents of the application, and the limitations involved. It details the conditions under which different parties can file for execution, as well as the process for the court upon receiving such applications. Additionally, it highlights the importance of notice to the judgment debtor and the circumstances under which it is required.

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5 views

Application for the execution(2)

The document outlines the procedures and requirements for filing an application for execution of a decree, specifying who may apply, the necessary contents of the application, and the limitations involved. It details the conditions under which different parties can file for execution, as well as the process for the court upon receiving such applications. Additionally, it highlights the importance of notice to the judgment debtor and the circumstances under which it is required.

Uploaded by

k57359037
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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Application for Execution

Application for Execution-


Who may apply (R-10):
The following persons may file an application for
execution-
I. Decree holder
II. Legal Representative of the Decree holder if
the Decree holder is dead.
III. Representative of the Decree Holder
IV. Any person claiming under the Decree-
holder.
V. Transferee of Decree Holder if the following
conditions are satisfied-
a) The decree must have been transferred by an
assignment in writing or by operation of law;
b) The application for execution must have been
made to the court which passed the decree.
c) Notice and opportunity of hearing must have
been given to the transferor and the judgment-
debtor in case of assignment by transfer.
VI. One or more of the joint Decree-holder,
provided the following conditions are
fulfilled
a) The decree should not have imposed any
condition the contrary;
b) The application must have been made for the
execution of the whole decree; and
c) The application must have been for the benefit
of all the joint decree-holders;
VII.Any person having special interest.
In the case of decree in representative suit, a person
represented in such suit may apply for the execution, even if
he is not on record.
A real beneficiary may also maintain an execution
application.
In a partition suit, the defendant is also decree-holder to
the extent of his estate of his share and can file an
application for execution.
A receiver appointed by a court may apply for execution on
behalf of the decree holder.
An agent of the decree-holder can maintain an application
for execution.
Who cannot Apply
A person who is neither a decree-holder nor has
a right to execute a decree cannot apply for
execution of decree.
Similarly, a third party or a stranger has no right
to apply for execution even if he is a beneficiary
under a compromise.
Against Whom Execution can be taken out?

i. Judgment Debtor
ii. Legal Representative of Judgment Debtor, if
the judgment debtor is dead. (To the extent
of property received)
iii. The person claiming under the judgment
debtor,
iv. Surety of the Judgment Debtor.
To Whom Application may Be made

The Court which passed the decree, or


The court to which the decree has been
transferred for the execution;
Where territorial jurisdiction of a court is
transferred after passing of a decree, an
execution application may be filed either in the
court which has passed the decree, or in the
court to which territorial jurisdiction was
transferred.
Contents of application:
Rule 11
It should contain-
1. Number of Suit
2. The name of the Parties,
3. The date of Decree,
4. The amount of the decree
5. Against whom to be executed
6. Amount of costs, if any, awarded
7. Mode in which the assistance of the Court is
required.
Where an application is made for
attachment of movable property
belonging to a judgment-debtor but not in
his possession, the application for
execution must be accompanied by an
inventory of the property to be attached,
containing a reasonably accurate
description of the same. (R-12)
Where the application is for attachment of
immovable property of the judgment-debtor, it
shall contain-
(a) the description of such property sufficient to
identify the same; and
(b) the specification of the judgment-debtor’s
share or interest therein.(R-13)
Where the application for the attachment of the
land, registered in the office of the collector, the
court may require the applicant to produce a
certify extract from such register. (R-14)
Where the application is for the attachment of
growing crop it shall specify the time at which it
is likely to be harvested. (R-45 ).
Where the application is for the arrest and
detention in the prison of the judgment-debtor,
it shall state or be accompanied by an affidavit
stating the grounds on which arrest is sought.
(R-11A)
Limitation
The period of limitation for the execution of a
decree (Other than decree granting mandatory
injunction) is twelve years from the date of the
decree.
The period of limitation for decree granting
mandatory injunction is three years from the
date of the decree.
Form of Execution
Appendix E form No. 6
In the Court of
I, ……………… decree-holder, hereby apply for execution of the decree herein-below set
forth:—
1 2 3 4 5 6 7 8 9 10

her relief granted thereby together with particulars of any cross

uired
Procedure on Receiving Application
Rule 17- Admission-It is duty of the court to
ascertain whether the execution application
complies with the requirement of Rules 11 to
14. If complied – Must admit, If not complied-
the court shall allow the defect to be corrected
within reasonable time. If the defect is not
corrected, application shall be rejected by the
court.
• The court shall hear both the parties to the
application by affixing date for the same.
• If the applicant absent-application will be
dismissed.
• If applicant present and the OP is absent, the
court may proceed exparte.
• The court may restore the application if
sufficient cause is shown. (Rule 105-106)
Notice of Execution: Rule 22
As a general rule, the law does not require any notice to be issued for
execution, but in certain case such notice must be issued-
i. Where the application is made two years after the date of the
decree,
ii. Where the application is made against the LR of Judgment Debtor.
iii. For the Execution of a decree passed by a court in reciprocating
territory.
iv. Assignee or Receiver of Judgment Debtor.
v. When the decree is for payment of money and the execution is
sought for arrest and detention of the Judgment Debtor. (O-21,R-
37).
vi. Where an application is made against a surety,
vii. Where an application is made by transferee or assignee of the
decree-holder.
The object of giving notice to the
judgment-debtor is not only to afford him
opportunity to put forward objections, if
any, against the maintainability of the
execution application but also to prevent
his being taken by surprise and to enable
him to satisfy the decree before execution
issued against him.

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