Execution of Decrees under CPC: Order XXI Roadmap

6 steps · 4 deadlines

Step by step

1. 1

   Application for Execution

   Decree-holder files a formal written execution petition before the court that passed the decree or the court to which it is transferred, specifying mode of relief.

   Order XXI Rule 10, 11
2. 2

   Notice to Show Cause

   If the decree is more than two years old or against legal representatives, the court issues mandatory notice to judgment-debtor to show cause why decree should not be executed.

   Order XXI Rule 22
3. 3

   Determination of Objections

   All questions arising between parties relating to execution, discharge, or satisfaction must be determined by the executing court and not by a separate suit.

   Section 47 & Order XXI Rule 58
4. 4

   Enforcement Modes

   Court orders execution by delivery of property, attachment and sale, arrest and civil detention (subject to means test), or appointment of a receiver.

   Section 51 & Order XXI
5. 5

   Attachment of Property

   Property belonging to debtor is attached. Section 60 lists exempt assets (necessary wearing apparel, tools of artisans, pension, basic subsistence).

   Order XXI Rules 41–54 & Section 60
6. 6

   Sale & Satisfaction

   Court issues proclamation of sale and conducts public auction. Proceeds are paid to decree-holder and satisfaction is certified in court records.

   Order XXI Rules 64–94 & Rule 2