DHARMASHASTRA NATIONAL LAW UNIVERSITY,

JABALPUR
Academic Session: 2022-23

A PROJECT WORK IN THE SUBJECT

CIVIL PROCEDURE CODE-II

TOPIC

APPLICATION FOR EXECUTION: SCOPE AND LIMITAION

SUBMITTED TO: SUBMITTED BY:

Mr. Praveen Tripathi Rahul Goyal
(Associate Professor of Law) (BAL/120/19)
B.A. LLB(Hons)
“Section-B”
 ACKNOWLEDGEMENT

First & foremost, I would like to thank my Faculty of Civil Procedure Code-II, Mr. Praveen
Tripathi (Associate Professor of Law)― “Application for Execution: Scope and Limitation”.
Their guidance and support have been instrumental while making my project on this
important issue. I would also like to give a special thanks to our Vice-Chancellor sir Prof.
(Dr.) V. Nagaraj for their immense support through the project.

My heartfelt gratitude also goes to all staff and administration of DNLU for the infrastructure
in the form of our library that was a great source of help in the completion of this Project. I
also thank my friends for their precious inputs which have been very useful in the completion
of this Project. I would also like to thank my dear colleagues and friends in the University,
who have helped me with ideas about this work

At last, but not the least I would also like to give a special gratitude to my parents who are an
important source of inspiration for me.

Rahul Goyal
 ABSTRACT

The law of limitation finds its root in the maxims “Interest Reipublicae Ut Sit Finis
Litium” which means that in the interest of the state as a whole there should be a limit to
litigation and “vigilantibus non dormientibus Jura subveniunt” which means the law will assist
only those who are vigilant with their rights and not those who sleep upon it. The law of
limitation specifies the statutory time frame within which a person may initiate a legal proceeding
or a legal action can be brought. If a suit is filed after the expiry of the time prescribed it will be
barred by the Limitation. It means that a suit brought before the Court after the expiry of the time
within which a legal proceeding should’ve been initiated will be restricted.

Keywords

Limitation, Execption, Section, Order, CPC, Application, etc

 TABLE OF CONTENT

CHAPTER I..............................................................................................................................4

Research Questions................................................................................................................4

Research Hypothesis..............................................................................................................5

Primary Objective & Significance..........................................................................................5

Scope & Limitations...............................................................................................................5

Methodology...........................................................................................................................5

Literature Review...................................................................................................................6

CHAPTER II............................................................................................................................6

Introduction............................................................................................................................6

CHAPTER III...........................................................................................................................7

Application For Execution:....................................................................................................7

Principles With Regard To Execution Of Decree:.................................................................8

CHAPTER IV...........................................................................................................................8

Procedure Followed By The Court On Receiving An Application For Execution................8

CHAPTER V..........................................................................................................................10

Limitation of several applications during execution:...........................................................10

CHAPTER VI.........................................................................................................................12

Findings & Conclusion.........................................................................................................12

Bibliography.........................................................................................................................13
 CHAPTER I

RESEARCH QUESTIONS
1. What is the concept of Execution?
2. What are the Meaning Nature and Scope Of Execution?
3. What is the Procedure in application for execution?
4. What are the modes of Execution?
5. What are the limitations of application for Execution?

RESEARCH HYPOTHESIS
Execution is the medium by which a decree holder constrains the judgment-debtor to do the
command of the decree or order as the case may be. It empowers the decree holder to recover
the products of the judgment. The execution is finished when the judgment-creditor or
decree holder gets cash or other thing granted to him by judgment, decree or order.

PRIMARY OBJECTIVE & SIGNIFICANCE

The main objective of our research is to analyse the growth and development in the Indian
banking system. To understand the impact of reforms in monetary policies in terms of its
growth and stability. In essence of this thought, this project also deals with some objective
such as–

I. To understand the origin of the Reserve Bank of India.

II. To understand the functions of the Reserve Bank of India.

III. To learn about the changes in banking system due to the establishment of the

SCOPE & LIMITATIONS

This Project will undergo research specific to application for execution – the concept, Scope,
significance, factors as well as limitation of it. The project would not be entertaining a
specific case study on application for execution rather ensure a general overview of
application for execution and its scope and limitation while executing a Decree

The project would undergo analysis from a specific angle of relevance and cruciality of
Execution of Decree rather than entertaining and inter-connected angle to other areas of
research.
METHODOLOGY
The Project research would follow a doctrinal method including analysis of legal principles
and provisions as well as relevant literature, analysing it through the periphery of Articles,
Controversies and Legal News as sources of interpretation and drawing conclusions on
observations thereupon.

LITERATURE REVIEW
EXECUTION Justice A.N. Jindal, Punjab and Haryana High Court Chandigarh,
Published in Chandigarh Judicial Academy.

This research project reflected an in-depth analysis of Conecpt of Exceution by tracing the
Order 21, the modes of Execution and the Procedure followed by court while exceuting
decree.

The current project would additionally add the existing study through analysis of Execution
of Decree specifically from the angle of procedure of it.
 CHAPTER II

INTRODUCTION

Execution is the last stage of any civil litigation. There are three stages in litigation:

1. Institution of litigation.
2. Adjudication of litigation.
3. Implementation of litigation.

The term execution has not been defined in the code. The expression execution means
enforcement or implementation or giving an effect to the order or judgment passed by the
court of justice. Simply execution means the process for enforcing or giving effect to the
judgment of the court. The principles governing execution of decree and orders are dealt with
Sections 361 to 742 and Order XXI of Civil Procedure Code. Hon'ble Apex Court in
Ghanshyam Das v. Anant Kumar Sinha3 dealing with provision of the code relating to
execution of decree and orders, observed in following words- “so far as the question of
executability of a decree is concerned, the Civil Procedure Code contains elaborate and
exhaustive provisions for dealing with it in all aspects. The numerous rules of Order 21 4 of
the code take care of different situations providing effective remedies not only to judgment-
debtors and decree-holders but also to claimant objectors, as the case may be.”

Execution is the enforcement of decrees and orders by the process of the court, so as to
enable the decree-holder to realize the fruits of the decree. The execution is complete when
the judgment-creditor or decree-holder gets money or other thing awarded to him by the
judgment, decree or order.

Implementation of litigation is also known as execution. A decree will come into existence
where the civil litigation has been instituted with the presentment of the plaint. The decree
means operation or conclusiveness of judgment. Implementation of a decree will be done
only when parties have filed an application in that regard.

A decree or order will be executed by the court as facilitative and not an obligation. If a party
is not approaching the court, then the court has no obligation to implement it suo motu. A
decree will be executed by the court which has passed the judgment. In exceptional
1
The Code of Civil Procedure,1908, Section 36
2
The Code of Civil Procedure,1908, Section 74
3
Ghanshyam Das v. Anant Kumar Sinha 1991 AIR 1991 SC 2251
4
The Code of Civil Procedure,1908, Order XXI
circumstances, the judgment will be implemented by another court which is having
competency in that regard.

Execution is the medium by which a decree-holder compels the judgment-debtor to carry out
the mandate of the decree or order as the case may be. It enables the decree-holder to recover
the fruits of the judgment.

CHAPTER III

APPLICATION FOR EXECUTION

According to the Code of Civil Procedure, 1908, you can apply for Execution of Decree
either orally or through a written application.

Order XXI Rule 115 of the Code of Civil Procedure, 1908 talks about the application for
executing a decree orally. This method is used by the parties simultaneously when the judge
announces the judgment in the court.

Order XXI Rule 126 of the Code of Civil Procedure, 1908 talks about the Executing a decree
by the way of a written application along with a certified copy of the decree. The rule also
explains how a written execution petition shall be drafted. The Execution Petition asks
various questions like the number of the suit; the names of the parties; the date of the decree;
whether any, and (if any) what, previous applications have been made for the execution of the
decree, the dates of such applications and their results; whether any appeal has been preferred
from the decree; the amount of the costs (if any) awarded; the name of the person against
whom execution of the decree is sought; and etc..

PRINCIPLES WITH REGARD TO EXECUTION OF DECREE:

Principles with regard to execution of decree and order can briefly be summarized as under -
Provision of CPC relating to execution of decree and order shall be made applicable to both
Suits and Appeals. A decree may be executed by the court which passed the judgment and
decree or by some other court which is having competency to implement the judgment passed
by such other court.

5
The Code of Civil Procedure,1908, Order XXI Rule 11
6
The Code of Civil Procedure,1908, Order XXI Rule 12
The court which passed the decree may send it for execution to other court either on
application of the applicant (decree-holder) or by the court itself.

A court may order for execution of decree on the application of decree holder:-

(a) By delivery of any property which was in possession of judgment-debtor and decree has
been specifically passed concerning 3 such property;
(b) By attachment and sale of the property of the judgment-debtor;
(c) By arrest and detention;
(d) By appointing a receiver and
(e) In such other manner which depends upon nature of relief granted by the court.

Upon the application of decree-holder, the court may issue “precept” to any other court which
is competent in that regard.

All questions arising between the parties to the suit in the decree shall be determined by the
court while executing the decree and not by separate suit.

Where a decree is passed against a party as the “legal representative” of a deceased person
and decree is for payment of money out of the property of deceased person, it may be
executed by attachment and sale of any such property.

Where immovable property has been sold by the court in execution of a decree such sale shall
be absolute. The property shall be deemed to be invested in the favour of purchaser, and the
purchaser shall be deemed as a party to litigation.

The court to which decree is sent for execution shall require certifying to the court which has
passed decree stating the manner in which decree has been implementing concerning the fact
of such execution.

CHAPTER IV

PROCEDURE FOLLOWED BY THE COURT ON RECEIVING AN APPLICATION

FOR EXECUTION OF A DECREE

When an Execution Petition is filed in the Court, the court does the following:

First step of the court is to check if the Execution Petition is filed within the time period of
limitation and confirm that the presented Execution Petition is not barred by the law of the
limitation. In a recent judgment, V. Nagarajan vs SKS Ispat and Power Ltd7. the Supreme
Court said that, even though an application filed along with the execution of the decree that
condones the delay in filing of such petition, the applying date of the certified copy shall still
be within the limitation time period.

In simple words, if you are applying for execution of a decree and the petition is barred by
the limitation time period, then the said petition shall still be treated as within the time period
of limitation if the request for certified copy of the Decree is put in within the time period of
limitation.

The next thing that the court needs to do is to list the Execution matter for hearing, issue
notice to the respondent and listen to the submissions made by the petitioner and the
respondent take the appropriate decision.

In certain matters, The Hon’ble Court is not bound by the law to issue show cause notice to
the respondent. This particular aspect is dealt under Order XXI Rule 22 8 of the Code of Civil
Procedure, 1908. The afore – mentioned provision also says that in the following cases: (1.) if
the decree that is petitioned to be executed was passed 2 years before the filing date or; (2.)
the decree is being executed against the legal representative of the party and; (3.) if the party
against whom the decree is executed is declared insolvent; the issuance of notice is must.

If the party which was issued a show cause notice is successful in appearing before the court
on the given date, that party has the right to object to the execution of the decree which has
been petitioned. The court, then carefully should examine the objections and make such an
order the court thinks is fit.

Where in an execution petition the judgment-debtor did not appear even after service of
notice under Order XXI, rule 229, the Court passed an order under Order XXI, rule 23(1) 10
directing to proceed execution by attachment of the properties of the judgment-debtor, the
order became final and amounted to a decree. No appeal was filed against the said order.
Therefore, it was not open to the judgment-debtor to raise an objection as to limitation at a
later stage; P. Sainath Reddy v. G. Narayana Reddy11, AIR 1982 AP 247.

7
V. Nagarajan vs SKS Ispat and Power Ltd, 2020
8
The Code of Civil Procedure,1908, Order XXI Rule 22
9
Ibid.
10
The Code of Civil Procedure,1908, Order XXI Rule 23(1)
11
P. Sainath Reddy v. G. Narayana Reddy (1982), AIR 1982 AP 247.
After listening to both the parties, given that the need of issuing notice arose and both the
parties were required to be present, and the petition was allowed, then the court directs the
Judgment Debtor to perform the obligation that has been levied on him, hence issues the
process of Execution of Decree.

The court then endorses an Official under whom Execution of the Decree will take place. The
Official is then told the date for execution and the manner, that how the decree will be
executed. If the Official fails to follow any instruction, then that Official is liable to give a
written explanation to the Court stating the reasons for delay in execution or any other reason
that amounted to inability to execute the decree.

The official then executes the Decree in the favour of the Decree Holder and hence the
interest of the justice if served.

CHAPTER V

LIMITATION OF SEVERAL APPLICATIONS DURING EXECUTION

Section 512 of the Limitation Act does not apply to any of the applications arising under Order
XXI of the Code of Civil Procedure.

1) According to Article 12513 of the Limitation Act, 1963 an application to record an

adjustment or satisfaction of a decree under Order XXI Rule 2 14 CPC has to be filed
within 30 days from the date of payment or adjustment. Under the provisions of Order 21
Rule 2 415 CPC, the Judgment-debtor may, by application made in that behalf, have an
adjustment of the decree recorded and that application must be under Article 125 within
30 days of such adjustment. The decree-holder also may certify such adjustment and have
it recorded, there being no time limit for such application.
2) According to Article 12616 of the Limitation Act, 1963 an application for payment of the
amount due under decree by installments under Order 20 Rule 11 (2) C.P.C., has to be
filed within 30 days from the date of decree.

12
The Limitation Act,1963, Section 5, No. 36, Act of Parliament, 1963
13
The Limitation Act,1963, Article 125, No. 36, Act of Parliament, 1963
14
The Code of Civil Procedure,1908, Order XXI Rule 2
15
The Code of Civil Procedure,1908, Order XXI Rule 24
16
The Limitation Act,1963, Article 126, No. 36, Act of Parliament, 1963
3) Order 21 Rule 8917 CPC deals with the application to set aside sale on deposit. Order 21
Rule 9018 CPC deals with the application to set aside sale on ground of irregularity or
fraud. Order 21 Rule 9119 CPC deals with the application by purchaser to set aside the
sale on ground of judgment-debtor having no saleable interest. Sec. 47 CPC deals with
questions to be determined by the court executing decree.
4) In this context, it is just and essential to know when sale can be sought to be set aside
under Section 4720 CPC without resorting to Order 21 Rules 89 to 91. Our Hon'ble High
Court had an occasion to address to this question in detail. In the opinion of Hon'ble
Justice Punnaiah, Rule 89, 90 or 91 of Order 21 can be invoked if the sale is conducted in
execution of a valid decree passed by a competent Court in exercise of jurisdiction vested
in it. But, if the decree itself is null and void inasmuch as the Court has no jurisdiction to
pass such a decree, the sale conducted in exercise of such a void decree becomes void ab
initio. In such a case the Judgment-debtor can resort to Section 47 CPC for setting aside
the sale even after the sale was confirmed and the property was delivered without driving
the Judgment debtor to file a separate suit. (Devuri Appala Raju vs. Kolli Ramayamma
1983(1) APLJ 273)21. According to Article 12722 of the Limitation Act, 1963 that an
application to set aside a sale in execution of the decree, including any such application
by a judgment-debtor shall be filed within sixty days from the date of sale.
5) According to Order 21 Rule 84 (1) 23 CPC, on every sale of immovable property the
person declared to be the purchaser shall pay immediately after such declaration a deposit
of twenty-five per cent on the amount of his purchase-money to the officer or other
person conducting the sale, and in default of such deposit, the property shall forthwith be
re-sold.
6) Order 21 Rule 8524 CPC deals with time for payment in default of purchase money. The
full amount of purchase-money shall be paid by the purchaser into Court before the court
closes on the fifteenth day from the sale of the property.
7) Order 21 Rule 9925 CPC deals with Dispossession by decree-holder or purchaser.
According to Order 21 Rule 99 (1) CPC, where any person other than the judgment-
17
The Code of Civil Procedure,1908, Order XXI Rule 89
18
The Code of Civil Procedure,1908, Order XXI Rule 90
19
The Code of Civil Procedure,1908, Order XXI Rule 91
20
The Code of Civil Procedure,1908, Section 47
21
Devuri Appala Raju vs. Kolli Ramayamma 1983 (1) APLJ 273
22
The Limitation Act,1963, Article 127, No. 36, Act of Parliament, 1963
23
The Code of Civil Procedure,1908, Order XXI Rule 84 (1)
24
The Code of Civil Procedure,1908, Order XXI Rule 85
25
The Code of Civil Procedure,1908, Order XXI Rule 99
 debtor is dispossessed of immovable property by the holder of a decree for the possession
of such property or, where such property has been sold in execution of a decree, by the
purchaser thereof, he may make an application to the court complaining of such
dispossession. As per Article 12826 of Limitation Act, such an application to the court has
to be filed within thirty days from the date of dispossession.
8) Order 21 Rule 9727 CPC deals with Resistance or obstruction to possession of immovable
property. According to Order 21 Rule 97 (1) CPC, where the holder of a decree for the
possession of immovable property or the purchaser of any such property sold in execution
of a decree is resisted or obstructed by any person in obtaining possession of the property,
he may make an application to the court complaining of such resistance or obstruction. As
per Article 12928 of Limitation Act, such an application to the court has to be filed within
thirty days from the date of resistance or obstruction.
9) According to Article 13429 of Limitation Act for delivery of possession by a purchaser of
immovable property at a sale in execution of decree under Order 21 Rule 95 30 CPC is one
year from the date of confirmation of sale or when the sale becomes absolute. 6 
According to Article 13531 of Limitation Act for enforcement of a decree granting
mandatory injunction under Order 21 Rule 3232 r/w.35 CPC is three years from the date of
decree or date fixed for performance.
10) An application for passing a final decree is an application in the suit. A suit for partition
in which a preliminary decree has been made 9 continues to be pending on the file of the
trial court until a final decree is drawn up in accordance with law and the duty of drawing
up the final decree is a duty of the Court and neither the Civil Procedure Code not the
Limitation Act specifically provides for any application being made for drawing up a
final decree. To such an application there is no limitation.
11) According to Order 21 Rule 106 33 (3) CPC, an application for setting aside the exparte
order shall be made within thirty days from the date of the order.
12) As a general principle Section 534 of Limitation Act is not applicable to the execution
applications. But Section 5 of Limitation Act applicable to applications made in execution
26
The Limitation Act,1963, Article 128, No. 36, Act of Parliament, 1963
27
The Code of Civil Procedure,1908, Order XXI Rule 97
28
The Limitation Act,1963, Article 129, No. 36, Act of Parliament, 1963
29
The Limitation Act,1963, Article 134, No. 36, Act of Parliament, 1963
30
The Code of Civil Procedure,1908, Order XXI Rule 95
31
The Limitation Act,1963, Article 135, No. 36, Act of Parliament, 1963
32
The Code of Civil Procedure,1908, Order XXI Rule 32
33
The Code of Civil Procedure,1908, Order XXI Rule 106
34
Supra Note. 12
 in State of A.P under sub-rule (3) of Rule 106 of Order 21 in view of adding sub-rule (4)
to Rule 106 of Order 21 by Hon'ble High Court of A.P., by issuing a Notification and
publishing it in A.P. Gazette on 30-11-1992, after Amendment of CPC by Act 104 of
1976, in exercise of its Rule Making power under Sec.122 35 CPC. The said power
exercised with previous approval of State Government as per Section 126 of CPC is
equivalent to legislative power. Section 5 of Limitation Act therefore applies to all
applications under sub-rule (3) of said Rule in spite of bar under Section 5 regarding its
applicability to execution proceedings under Order 21 CPC. The said amendment not
repealed by CPC Amendment Acts 46 of 1999 and 22 of 2002 which came into effect
from 01-07-2002.

CHAPTER VI

FINDINGS & CONCLUSION

In view of above discussion, it can be summarized that O.21 of CPC is an independent Code
in itself and it not only provide procedure to be followed by the decree holder to get the fruits
of decree, at the same time it provides an opportunity to the judgment-debtor or the third
party/objector petitioner to raise the grievances or objection in the execution proceeding
itself. Recourse to independent proceedings by filing a separate suit is clearly prohibited.
Therefore, objections, if any are raised by the judgment-debtor or the third party in execution
proceedings, the same are required to be adjudicated by executing court following the same
procedure as if it was a suit and the orders by the executing court having the force of a
decree. Therefore, execution is the most important aspect of Civil justice. Success or failure
of system of Civil justice depends on success in executing decrees of Civil Courts.

35
The Code of Civil Procedure,1908, Section 122
 BIBLIOGRAPHY

STATUTE:

1) The Code of Civil Procedure, 1908

2) The Limitation Act,1963, No. 36, Act of Parliament, 1963

CASE:

1) Devuri Appala Raju vs. Kolli Ramayamma 1983 (1) APLJ 273
2) P. Sainath Reddy v. G. Narayana Reddy (1982), AIR 1982 AP 247.
3) Ghanshyam Das v. Anant Kumar Sinha ), 1991 AIR 1991 SC 2251

ONLINE SOURCE:

1) “Execution”, Justice A.N. Jindal, Punjab and Haryana High Court Chandigarh, Published
in Chandigarh Judicial Academy.
2) “Limitation of Several Applications During Execution”, Jusctice Rajasekhar Pallagani
Junior Civil Judge, Lakkireddipalli, District Court
3) “Paper Presntation on Execution”, Ch.Vivek Anand Srinivas, Addl.Senior Civil Judge,
Srikakulam, District Court