MODES OF

EXECUTIO
N
PRESENTED TO:
DR. DEO NARAYAN SINGH
ASSISTANT PROFESSOR
PRESENTED BY:
PRITY KUMARI
CUSB2313125077
SLG,CUSB
 TABLE OF CONTENTS
1.Introduction 14. Execution of Documents
2.Statutory Framework 15. Attachments of Rent, Debt,
Shares, etc.
3.Section 51:Modes of Execution 16.Liability of Surety & Legal
representatives
4.Simultaneous Execution 17. Execution against Firms &
Corporations
5.Delivery of Property 18. Attachments of Decrees
6.Attachment and Sale of Property 19. Safeguards & Limitations
7.Arrest and Detention 20. Important Case Laws
8.Appointment of Receiver 21. Conclusion
9.Partition of Property
10.Cross-Decrees and Cross- claims
 INTRODUCTIO
• “Execution” means enforcement of a decree
N
or order passed by a competent court.
• It gives practical effect to the judgment -
“Fruits of the decree.”
• Governed mainly by Order XXI CPC and
Sections 36–74.
• Object: To enable the decree-holder to
realize the relief granted.
 STATUTORY FRAMEWORK
• Section 51: Modes of executing a decree.
• Sections 52–74: Ancillary provisions
regarding liability, arrest, attachment, sale,
etc.
• Order XXI: Detailed procedural rules for
every step of execution.
• Execution can be carried out by:
a. The Court which passed the decree.
b. Another Court to which decree is
transferred (S. 39).
SECTION 51:MODES OF
EXECUTION
Courts may execute a decree by:
1.Delivery of property (movable or immovable).
2.Attachment and sale of property.
3.Arrest and detention in civil prison.
4.Appointment of a receiver.
5.Any other manner as the nature of relief may
require.
SIMULTANEOUS
EXECUTION
• Order XXI Rule 21:
• Court has discretion to allow or refuse
simultaneous execution:
⚬ Against person and property.
⚬ Against several properties or
jurisdictions.
• Ensures fair balance between decree-
holder’s rights & debtor’s protection.
DELIVERY OF PROPERTY
• When decree is for delivery of
movable/immovable property.
Immovable property: Order XXI Rule 35
• Possession delivered by removing occupants,
locks, obstructions.
Movable property: Order XXI Rule 31
• Delivered by seizure and transfer to decree-
holder.
ATTACHMENT AND SALE OF PROPERTY
• Section 60 & Order XXI Rules 41–
57.
• Property liable to attachment:
• Land, goods, debts, bank balances,
shares, etc.
• Exemptions: Necessary wearing
apparel, tools of artisans, house of
agriculturist, etc.
• Process: Attachment →
Proclamation → Auction Sale →
Confirmation.
 ARREST AND
DETENTION
• Sections 55–59 & Order XXI Rules 37–40.
• Debtor can be arrested after notice to show
cause.
• No arrest between sunset & sunrise.
• Women can’t be arrested for money decrees
(S. 56).
• Detention limits:
⚬ ₹1000 → up to 3 months.
⚬ ₹500–1000 → up to 6 weeks.
• Subsistence allowance to be paid by decree-
holder.
APPOINTMENT OF
RECEIVER
• Order XL CPC.
• Court appoints a neutral person (receiver)
to manage property.
• Receiver’s functions:
⚬ Take possession, collect rents/profits,
preserve property.
• Receiver accountable to the Court & may
be removed for negligence.
 PARTITION OF PROPERTY
• Order XX Rule 18.
• Court may pass:
⚬ Preliminary decree (declares
shares).
⚬ Final decree (actual division).
• For land paying revenue to
government-Collector may be
appointed for partition.
 CROSS DECREES AND CROSS-
CLAIMS
• Order XXI Rules 18–19.
• When parties hold decrees against
each other:
⚬ Adjust decrees by set-off.
⚬ Only balance amount
executed.
• Prevents multiple proceedings.
 PAYMENT OF MONEY DECREES
• Order XXI Rules 1 & 30.
• Money can be paid:
Into court, via bank, money
order, or directly.
• Execution by:
Attachment & sale of
property, or
Arrest & detention.
EXECUTION OF SPECIFIC
RELIEF/INJUNCTION
Execution of Specific Relief /
Injunction
• Order XXI Rule 32.
• If injunction or specific
performance decree is
disobeyed:
⚬ Court may attach property.
⚬ Detain judgment-debtor in
civil prison.
• Ensures obedience of court
orders.
 RESTITUTION OF CONJUGAL RIGHTS
• Order XXI Rule 33.
• On disobedience, property may be
attached.
• Court may order periodic
payments until compliance.
• Ensures enforcement of
matrimonial decrees.
EXECUTION OF DOCUMENTS
• Order XXI Rule 34.
• If party fails to execute document
(e.g., sale deed):
⚬ Decree-holder presents draft.
⚬ Court approves/modifies &
executes it on behalf of defaulter
 ATTACHMENT OF
RENT,DEBT,SHARES,ETC
• Order XXI Rule 46.
• Debts, shares, or other non-
possessed properties may be
attached by prohibitory order.
• Debtor prohibited from transferring
or paying till further orders.
LIABILITY OF SURETY & LEGAL REPRESENTATIVES

• Section 145: Surety is equally

liable as judgment-debtor.
• Section 52: Legal representative
liable only to the extent of
property inherited.
• Ensures decree survives death
of debtor.
 EXECUTION AGAINST FIRMS AND
CORPORATIONS
• Order XXI Rule 50:
⚬ Against firm: may execute on firm
property or individual partners (if
served).
• Corporation:
⚬ Execution may include detention of
officers/directors for willful
disobedience.
 ATTACHMENT OF DECREES
• Order XXI Rule 53:
⚬ A decree can itself be attached (treated as
property).
⚬ Notice served to judgment-debtor of that
decree.
SAFEGUARDS & LIMITATIONS
• Debtor’s rights protected by:
⚬ Exempted properties (S. 60).
⚬ Right to show cause before arrest.
⚬ Maximum detention limits.
⚬ No imprisonment of women for money
decrees.
IMPORTANT CASE
LAWS
• Jolly George Varghese v. Bank of Cochin (1980):
⚬ Execution cannot violate Article 21 (Right to Life).
• Topanmal Chhotamal v. Kundomal Gangaram
(AIR 1960 SC 388):
⚬ Execution must strictly follow CPC procedure.
• State Bank of India v. Trade Aid Paper (2003):
⚬ Court discretion while selecting execution mode.
 CONCLUSION
• Execution is the real test of a judicial system — ensures justice
is realized.
• Courts must balance rights of decree-holder and protections of
debtor.
• Effective use of various modes under Section 51 & Order XXI
makes justice meaningful.
THANK
YOU