Execution proceedings are often protracted and complex. To realize the benefits of a civil decree, the Decree Holder (DHR) must file an Execution Petition (E.P.). Under the Civil Procedure Code (CPC), a decree can be executed within 12 years from the date it becomes enforceable. Multiple execution petitions may be filed during this period, and the doctrine of res judicata does not bar successive petitions.
Execution may be sought in any of the following modes:
- Attachment of Moveable Properties: The DHR may seek attachment and sale of movable properties belonging to the Judgment Debtor (JDR).
- Attachment of Immovable Properties: Immovable properties of the JDR may be attached and sold to satisfy the decree.
- Arrest and Detention of the JDR: The JDR may be arrested and committed to civil prison to enforce the decree, subject to conditions under CPC.
- Attachment of Salary: The salary of the JDR, whether employed in the public or private sector, can be attached subject to statutory limitations.
- Attachment of Standing Crops and Appointment of Receiver: The Court may appoint a receiver to collect rents or attach standing crops on the scheduled properties.
- Attachment of Shares and Debts (Garnishee Proceedings): Under Order 21 Rule 46 of CPC, any share or amount belonging to the JDR that is held by a third party (garnishee) may be attached.
Simultaneous Execution
Under Order 21 Rule 21 of CPC, the DHR may simultaneously pursue multiple reliefs in one or more execution petitions. For instance, attachment of movables, immovables, and arrest may be sought in one comprehensive petition, or through separate petitions.
Exemptions from Attachment under Section 60 CPC
Certain assets are exempt from attachment. These include:
- Wearing apparel, cooking vessels, and personal ornaments of women
- Tools of artisans and seed grains
- Amounts payable under insurance, provident fund, gratuity, and pension
- Compulsory deposits
- One-third of the JDR’s salary
Attachment of Salary
The salary of the JDR can be attached only for a maximum period of 24 months, beyond which such attachment becomes void and illegal. A second execution petition seeking further salary attachment is not maintainable.
Arrest and Detention of the JDR
Before seeking arrest and detention, the DHR must prove that the JDR has sufficient means to pay the decretal amount. The maximum period of civil imprisonment is three months. Once the JDR is imprisoned, no further E.P. lies for re-arrest. The DHR must then proceed against the JDR’s properties. Additionally, the DHR must deposit the subsistence allowance for the JDR’s detention.
Notice under Order 21 Rule 22 of CPC
If an Execution Petition is filed after two years from the date of the decree, a notice must be issued to the JDR under Order 21 Rule 22 CPC before execution can proceed.
Requirements for Attachment or Arrest
When seeking arrest or attachment, the Execution Petition must be accompanied by:
- A separate affidavit
- A detailed schedule of the properties or the grounds for arrest
Sale Certificate and Delivery
If the auction purchaser seeks delivery of the property mentioned in the Sale Certificate, an Execution Petition must be filed under Order 21 Rule 95 CPC within one year from either:
- The date of confirmation of sale, or
- The date of issuance of the sale certificate
In the case of partition suits, the limitation period for delivery of property is 12 years.
Legal Representatives (LRs)
- If the Decree Holder (DHR) dies after the decree is passed, his/her legal representatives (LRs) can directly file the E.P. under Section 146 CPC, without any requirement for substitution or abatement.
- Similarly, if the Judgment Debtor (JDR) dies after the decree, the E.P. can be filed directly against the LRs under Section 50 CPC.
Setting Aside Sale
- Under Order 21 Rule 89 CPC, an application to set aside the sale can be filed by either the JDR or any third party within 90 days from the date of sale. However, the decretal amount must be deposited within 30 days of the sale.
- Under Order 21 Rule 90 CPC, only the JDR is entitled to file a petition to set aside the sale on the ground of material irregularity in conducting the auction.
Illustrative Details (for Contextual Reference)
- Decree Holder (DHR): Arjun Kumar, S/o Ramesh Kumar, aged 35, R/o 123, Green Park, New Delhi
- Judgment Debtor (JDR): Neha Sharma, W/o Raj Sharma, aged 34, R/o 456, Rose Avenue, New Delhi
- Decree passed on: 05.02.2023
- Execution Petition filed on: 15.04.2025 (after 2 years → O.21 R.22 notice required)