Execution Process In The Civil Law

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Execution: Meaning The word “execution” has not been defined in the civil procedure code. In general it means enforcing or giving effect to the order or judgment of the court. It is the enforcement of the decree passed by the court of justice, so as to derive the benefit of the decree. A decree – holder is a person in whose favour a decree has been passed and a judgment debtor is a person against whom a decree has been passed. It is the final stage of civil litigation. Execution is the medium which compels the judgment debtor to carry out decree or an order as the case may be. The process of execution is completed once the decree-holder gets the money or other thing which is awarded to him by the judgment, decree or order. The proceedings…show more content…
Application for execution of a decree: The execution process starts with the filing of the application. The following persons may file an application for execution: 1. Decree-holder. 2. Legal representative of decree-holder, if the decree is…show more content…
It is the suspension of the act of completing or carrying out the decree or order. Provisions for stay of execution of a decree are made in Order XXI. As per rule 26 of Order XXI, “the court can stay the execution of the decree transferred to it for execution for a reasonable time, to enable the judgment- debtor to apply to the court to which the decree was passed or to any court having appellate jurisdiction over the former for an order to stay execution or for any other order relating to the decree or execution which might have been made by the Court of first instance or the appellate Court.” Thus, it can be seen that under Rule 26 the power granted to the transferee Court is not absolute. The power to stay execution of a decree by the transferee Court is not similar to the transferor court. A transferor court can stay absolute stay whereas a transferee court has limited power and can only stay an order for a reasonable time to enable the judgment debtor to apply to the court which passed the decree or to the appellate court. The court of first instance may transfer the decree for execution to another court in cases where, the parties reside in different places and the decree has to be carried out in some other place other than where the decree was passed. However, a transferee court cannot invoke its inherent powers to grant

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