 Yeah. Good evening. After a lot of persuasion from a busy person like Mr. Satya Menon. We have been able to I can say tap or he has pursued to take the knowledge was a common point which helped us to connect with him. And I thought that execution of degrees and orders of orders, the general principles. As a professional, I would say that it's a task which they say that you have a judgment. It's always easy, but to enjoy the fruits of the degree is always tough. But if you understand the new answers for the applicable, what are the general principles, if you have a broad guidelines to understand that it will be always easy. Since the session would be around for one hour, you could you'd have a bird eye view, he will be also sharing a PPT with us, as well as on the screen, they one can note down what are the general principles for this execution of the degree. Mr. Satya Menon, as we all know that he's a former district judge, as well as a former director of Kerala Judicial Academy, that itself is a good testimony to understand the knowledge and the insights which we will have for the session. And those who have been connected with beyond law would know that we try to pitch in the speakers who have knowledge and who can, I would say hammer the point in the right way. I will not take much time, I will request Mr. Menon to share his knowledge and thank you for accepting our invite, over to you. Okay, thank you so much Mr. Vikas. I'm happy to be part of one of the programs of beyond law of CLC, as Mr. Vikas said. It's a long pending request from Mr. Vikas, somehow we fixed several dates, but somehow it was postponed because of so many reasons. So many, I'm not a busy person, I completed a retired from service, but usually I used to have some online classes for the academy and I'm going to the academy still as a faculty and attending a few online classes. So I don't know why this must deal has happened in getting involved with Mr. Vikas and his team. So with this briefing that I expressed my sincere thanks to Mr. Vikas and his entire team for giving me an opportunity to speak on this very important subject, execution of decrees and orders. Of course, I will be speaking only the general principles because it's a very vast subject, it's not possible to deal with the entire topic in 60 minutes. So I will be touching some provisions, general principles, common, basic, mostly elementary basic principles, mostly useful to the new entrance to the bar. Of course there are experienced lawyers, they are just here. They will also be able to refresh their memory as regards the principles of execution of decrees and orders. So let me share the presentation. I would like to speak to you through my presentation. Okay. See, it's a common saying that the difficulty of the litigants start when he executes, when he gets a decree and goes to the court to execute it to get the fruits of the decree. There are several reasons the litigants build us, the judgment that we will try to delay the execution of the decree. So many reasons are there. So this was commented upon by the Supreme Court in one of the decisions. Of course, the legislator has amended the CPC on a couple of occasions and now the delay has been reduced or there has been considerable effort to see that the decree is executed as quickly as possible. Recently the Supreme Court has also issued directions to the courts to see that the execution petition is disposed of within six months from the date of filing. Otherwise, the courts will have to state reasons around 14 directions were issued. So with this brief introduction, let me see what is there in the CPC. CPC 1908, it's an effective and self-contained mechanism for execution of decrees and orders. There are elaborate provisions that safeguards the interest of all the parties, the decree holder, the judgment that even the third parties, the objectors claim petitions. And there are provisions to meet different situations, then provides for effective measures to all the parties concerned. As you are aware, execution is not the term, the expression execution is not at all defined in the court. But the term has been defined and explained by the courts, especially the apex court through judicial pronouncements. Execution is the enforcement of decrees and orders by the process of the court. So as to enable the decree holder to enjoy the fruits of the decree and it means and includes the process also. Like this, this is the way the judicial pronouncements have defined the term execution. Now when we consider the provisions in the CPC as regards executions, these are the important provisions. Sections 36 to 74 and order 21 and order 21 contains 106 rules and the entire provisions govern and regulate the execution of decrees and orders. I'll be dealing with only a few provisions, sections 36 to 42 and some provisions in order 21. Because for obvious reasons, it is not possible to discuss the entire thing in one session. So when we speak about decree and order, let us see what is a decree. A decree is defined in section 22 of this court of civil procedure. And it is deemed to include a rejection of a claim under order 7 to 11 and determination of any question under within section 144, that is restitution. But it shall not include any adjudication from its appeal lies as an appeal from an order or any order of dismissal for default. So an order, dismissing the suit or an application for default is not a decree. So then the explanation says that there can be a preliminary decree, there can be a final decree, there can be a decree which is partly preliminary and partly final. Likewise, an order is defined in section 2 subsection 14 of the CPC, a formal expression of any decision of a civil court, which is not a decree. So having understood what is meant by a decree and order, let us see what are the various types of decrees. Decree for payment of money, decree for delivery of property, decree for specific, sorry, decree for specific performance, restitution of conjugal rights, then a decree for execution of document, etc. There are any number of several other decrees also a decree in a mortgage, super redemption for closure, decree for fixation of boundary, decree in a suit for partition, preliminary decree for partition, final decree for partition. So especially in suits for partition or mortgage, it's a three-tier litigation. There is a preliminary decree, there is a final decree followed by a final decree and of course the last stage execution of the decree. Now when we speak about execution of decrees and orders, we cannot proceed further without referring to section 51. Section 51 is a reservoir of power. It deals with powers of the court to execute the decree. Various methods of execution are mentioned in clauses A to E in section 51. They are by delivery of property, that is under order 21, rule 35. By attachment and sale or sale without attachment of property, section 65 to 67 and order 21, rules 41 to 458 and 64 to 106. Then by arrest and detention in civil prison, arrest and detention of the judgment editor in civil prison, the 11 provisions are sections 55 to 59 and order 21, rules 11A, 22 and 37 to 40. Then by appointment of receiver, order 40. These are the common modes of execution. All of you are familiar with the various types of modes of execution of decrees and orders covered mentioned in section 51 CPC. Then when we discuss about the scheme of order to endure, there are several provisions for arrest and detention of the judgment editor, garnishing proceedings, attachment and sale of mobile. Attachment and sale of immobile property, procedure for setting aside sale, precautions to be taken before sale. What is the procedure to be followed when the result there is resistance or obstruction in execution of, when delivery of a position of immobile property. There are various provisions dealing with different situations card, the interest, the rights and interest of all concerned. From the outset, it may look that the procedure is a little bit complicated, but when we study the provisions in detail, we will get an idea that all the safeguards are there to protect the rights of the degree holder judgment that are uneven third parties. Third parties mean order 21 rule 58 claim petitions, then order 21 rule 97 to 104. It's a board in itself, separate board in itself, when there is obstruction to deliver a position by a third party claiming right title or interest over the property. He can prefer a claim even by apprehending this position, rule 97, 99, then those questions have to be done. Questions in such a claim petition will have to be decided as provided in section 101. Then the order passed is as good as a decree. It is an appealable, it is an appeal can be filed as it is a decree. So various provisions are to remedy is provided to various parties. Then what is the period of limitation for execution of a decree? Two provisions are important. Article 136 of the Limitation Act for execution of any decree other than a decree granting a mandatory injunction or order of a civil court. 12 years, then article 135 mandatory injunction, three years from the date of the decree or where a date is fixed for performance, such date. Of course, perpetual injunction, no period of limitation. It is whenever a decree for perpetual injunction is disobeyed, willfully disobeyed, it can be enforced through court. Then the next subject I am dealing with is simultaneous execution against these are general principles before coming to section 36. Some aspects will have to be dealt with simultaneous, is it possible for simultaneous execution against property and person of the judgment that CPC says it is possible, but the only rider is that the court has a discretion to, court has a discretion to refuse simultaneous execution and to allow the decree holder to avail only one mode of execution at a time. So you will find this, you will get it from order 21 rule 21 and also order 21 rule 30 also can be looked into. Now a question may arise sometimes. Suppose the decree holder files his last AP, that means there is no time left for filing another AP because the execution will be barred by limitation. He files an application for execution of a decree for payment of money by arrest and detention in civil to send on the last day of the period of limitation. Then after a week, he came to know that the judgment editor has some property with him. So very important information as far as the decree holder is concerned. He filed an application to amend the execution petition or to incorporate a prior to proceed against the property. Is it possible? Normally it is possible. Of course, 21, 21 says the court can refuse simultaneous execution, but in this case the the EP file by the decree holder was the last EP. So whenever an additional, whenever a prior is added an application to proceed against the property, when another mode of execution is sought to be added, it is treated as a separate application. It is treated as a fresh application. So an application for execution of the decree should be filed within the period of limitation. Since the amendment is sought, amendment is sought to incorporate a prior form, prior to proceed against the property of the judgment editor after the period of limitation that amendment cannot be entertained because it's the right to the decree holder to proceed against the property has become barred by limitation. Now let us see what is section 36. Provisions of CPC of this code relating to the execution of decrees shall so far as they are applicable be deemed to apply to the execution of orders including payment under an order. This is section 36. Now before section 37 we move to we move on to section 38 which code which code which code can execute the decree. Section 38 will give you the answer the code which passed the decree or the code to which it is sent for execution. This expression has to be remembered by everyone which code can execute the decree. Normally the code which passed the decree, the decree can be sent to another code for execution under the circumstances mentioned in section 39 transfer of decree. Now some general principles before we discuss section 37, 38 and 39. See the executing code cannot be guided by equitable consideration. There is no question of consideration of equitable principle while executing a decree. The decree has to be executed as it stands. The execution code has to strictly follow the terms of the decree. The executing code cannot make additions to the decree while executing it. In short the decree as such has to be executed. It cannot what do you say add any relief which is specifically refused in the suit under the guise of execution of the decree. An order also can be executed. A decree without jurisdiction whether in reality. See different types of jurisdiction are the territorial jurisdiction, pecuniary jurisdiction. Finally the most important aspect as far as execution of decree is concerned inherent lack of jurisdiction. That means lack of jurisdiction over the subject matter. So when an objection is raised about the pecuniary jurisdiction or the territorial jurisdiction it should be raised at the earliest opportunity at the trial court itself. The defendant is not permitted to raise objection as regards pecuniary jurisdiction or territorial jurisdiction. At the appellate state you can refer to section 21 CPC. But what about inherent lack of jurisdiction? It goes to the root of the case, root of the matter. Inherent lack of jurisdiction. The court had no jurisdiction over the subject matter. Still it proceeded with the case and ended up in branding a decree. Such a decree is void, such a decree is void and an objection that a decree is nullity because of inherent lack of jurisdiction of the court which passed it can be raised even at the stage of execution. Then another instance where the decree will be a nullity is if a decree is passed against a dead person. So no decree at all. So these are a few instances where the court can consider, the execution court can consider whether a decree is a nullity or not. In or under all other circumstances the court has to execute the decree as it stands. Can the executing, so let us see it one by one. Can the executing court go behind the decree? So we have already discussed it is not possible. The general principle is that the executing court cannot go behind the decree under execution. It shall execute the decree as it stands. I repeat the decree has to be executed as it stands. Sometimes the judgmentitor may, for the sake of objection, take a contention that the judgment, the decree, sought to be executed was incorrect in law or on facts. That contention is not available to the judgmentator before the execution court. If the judgmentator thinks so he should have filed, preferred an appeal against the decree and judgment of the trial court. We cannot raise an objection that the objection before the execution court that the decree sought to be executed was incorrect in law or on facts. Even if it is incorrect in law or facts, as I said, the judgmentator should have taken it up before the appellate court, before the appropriate appellate forum. Now another, another, another, or this you may note this decision on execution of erroneous or decrease erroneous in law or on facts cannot go behind the decree. It is a very old decision but still it's worth reading. The principles are narrated, 1970, 1971, SCC 670, Vinay Modi versus R. Rakhman. Then see certain, there may be certain circumstances where the court may have to, the execution court may have to find out the true effects of the decree. What are the circumstances? These are the, these are a few circumstances. For construing a decree, it can add in appropriate cases or to take into consideration the pleadings as well as the proceedings leading up to the decree. See the terms of the decree may not be clear, maybe slightly ambiguous, but for that reason the court execution court cannot refuse to execute the decree. It has to see what, what, what exactly was the decree passed. So for that limited purpose, it can take into consideration pleadings as well as the proceedings leading up to the decree. Then in order to find out the meaning of the words and parts, some, there may be the, some expressions used, some words used maybe may not be clear to the executing execution court or to the parties. So to ascertain what exactly was the decree passed, court can, court can consider the true effect of the decree. This, you may note, AER 1972 Supreme Court, 1371. AER 1972 Supreme Court, 1371. Vahan Vajra versus Saulangi Hanuji. VHA VAN, VHA VAN, VAJA versus Saulangi Hanuji. AER 1972 Supreme Court, 1371. So this for the limited, limited purpose, the court can construe what exactly is the effect, consider what exactly the effect of the decree. Then I have already mentioned about this still. The question is, can, can a challenge be made on validity of the decree before the executing court? Is it possible? Of course, validity of the decree can be challenged on before the executing court, only on the ground that it is a null, nullity because of inherent lack of jurisdiction. A decree is passed against the dead person or for some other grounds which could have the effect of rendering the court entirely lacking in jurisdiction in respect of the subject matter of the suit or over the parties to it. This was discussed in Heralal versus Kali Nautz. AER 1962 Supreme Court, 1099. It was a case of inherent lack of jurisdiction. 1962 Supreme Court, 1099. So if it is a nullity, an objection that the decree is nullity because the court passed it had lacked, there was inherent lack of jurisdiction as far as the court which passed the decree is concerned. Then if the decree is passed against a dead person, then no such other reason as mentioned in this judgment. Then the next point, can the executing court add or alter the decree in the light of the event subsequent to the passing of the decree? It is not possible. It cannot go behind the decree. Likewise, it cannot add or alter the decree in the light of the event subsequent to the passing of the decree. Exceptions, of course, I have already mentioned when the decree is a nullity or bad for for inherent lack of jurisdiction or when the decree is passed against a dead person. These decisions discuss these points. 56 Supreme Court, sorry, 56 ACJ 301, then 62 Supreme Court 1099 already given, then 71 Supreme Court 1371. Then one recent decision also, Raquel Automotive Components India Limited versus PR Shelva 2017 Supreme Court 1577. That their principles were considered and their position was reiterated by the Supreme Court. It is only in the limited cases where the decree is by a court lacking inherent jurisdiction or is a nullity that the same is rendered non-est and is thus inexecutable. An erroneous decree, even as I mentioned a few minutes ago, a decree, the judgment that may take a contention that the decree is erroneous in law or facts, that contention is not available because an erroneous decree is different from a decree which is a nullity. So, in short, the conditions available to the decree, to the judgment that were very limited, the validity of the decree can be challenged in execution of the decree, only on the ground that it is a nullity. The judgment that cannot take a contention that it's an erroneous decree or the judgment that cannot request that the execution court to take into account subsequent events after the passing of the decree. It cannot, the judgment that the decree of the execution court cannot add or alter reliefs after passing of the decree. So, then can the court interpret the decree? We have this point also, we have discussed a little while ago, but still there is another one more decision. An executing court court can interpret a decree, but it cannot make a new decree. Under the guise of interpreting a decree, it cannot grant a new decree, a different decree. It can interpret a decree for a limited purpose to understand the terms of the decree or to ascertain what exactly was the decree passed. So, for that purpose, the pleadings and the proceedings leading up to the passing of the decree can be looked into, 1951 Supreme Court 189. Then the next point is merger of decree. See, a decree is passed, then the matter will be taken up in appeal. So, in appeal, the appeal court may allow the appeal or dismiss appeal. It may confirm the appeal. It may set aside the, confirm the decree, set aside the decree or even modify the decree. So, what is the effect? It's a common principle that there is a merger in such cases when the decree is confirmed, confirmed, modified or reversed. The decree of the decree of the trial court merges into the decree of the appellate court. This is the principle. If you want a decision, you may note the ITC versus Amaraktal, AAR 1958 Supreme Court 868. Then what happens? What happens when an appeal is dismissed for default? What happens when an appeal is dismissed for default? Merger. Is there any merger? So, this question was considered insured and since versus Dhario Kukun Kanwar, AAR 1969, 66 Supreme Court 1332. Dismissal of an appeal for default or on any technical ground amounts to confirmation of the decree appeal against. Hence, it gets merged in the appellate decree or order. So, this is the principle. So, based on this, there is merger when an appeal is dismissed for default or on any other technical grounds. So, another situation may arise, another situation, abatement of appeal because of the death of the judgment at all. What happens because of the death of the appellate court? There is no abatement. There is no merger if the appeal abates. Because this position, this situation was considered in these decisions by the Supreme Court. Ambar Bhai versus Gurbath, AAR 2001 Supreme Court 2003. Abatement takes place. There is no merger if the appeal abates. That was the decision Ambar Bhai. Abatement takes place on its own falls by passage of time. No specific order is envisaged. Mother Knight, in Mother Knight's case, 83 Supreme Court 676. Then same principle was considered in AAR 2003 Supreme Court 424. So, when there is no merger if the appeal abates, there is merger if the appeal is dismissed for default or on technical grounds. There is merger when the appeal, when the decree and judgment of the trial court is confirmed, confirmed, modified or reversed in appeal. So, the next point I would like to discuss with you is, in a particular case, certain beliefs were denied by the trial court. Can the execution court grant such relief? So, the answer is a big no. Execution court cannot give any relief to the decree holder when a relief was expressly denied in the suit. Again, 1960 Supreme Court 388. And sometimes the judgment daters may take a condention that someone's was not decreased in reality because someone's was not properly served on the court. That condention is also not available to the judgment daters because the remedy available to the judgment daters in such a situation is to go to the trial site by an application number of 913 to set aside the X party decree. So, section 37. So, these are a few basic principles we have mentioned because the decree as it stands has to be executed. The validity of the decree can be challenged in the execution court only on the ground that it is a nullity. The reasons already I have specified it cannot add or alter the terms of the decree cannot grant it relief which is expressly refused by the trial court. Of course, the execution court can interpret the terms of the decree for the purpose of executing it to give to give the decree holder fruits of the decree. For that purpose, it can refer to the pleadings and the proceedings leading up to the passing of the decree. Under no other circumstances, it can go behind the decree or it can accept a condention that the decree is erroneous in law or on facts. And of course, section 47 is very important and it says what are the questions that can be decided that can be considered by the execution court. All questions relating to execution discharge or satisfaction of the decree between decree holder, judgment editor, the representatives and also by the amendment the auction purchaser also has been added. A separate suit will not lie. There is express bar for filing a separate suit in respect of these questions. Execution discharge of satisfaction. Whenever we deal with execution of decrees and orders, section 47 should always be in our mind. What are the questions that can be considered that can be determined by the execution questions relating to execution discharge or satisfaction of the decree. Now, let us see what is meant by the expression, court which passed a decree. Section 37 deals with the definition of the court which passed a decree. Usually the court which passed a decree is the trial court. Usually the decree decrees passed by the trial court. That is the court which passed the decree. Suppose the decree is passed in appeal in exercise of the appellate jurisdiction. The court which passed the decree is the court of first instance. Suppose the court of first instance has ceased to exist or to have jurisdiction to execute it. Then the court which if the suit were in the decree was passed was instituted at the time of making the application for the execution of the decree would have jurisdiction to try such suit. The explanation is also important. Suppose there may be redefining of territorial jurisdiction. Because of redefining of territorial jurisdiction, the court of first instance will not lose its jurisdiction to execute the decree. What is meant by clause A where the decree to be executed has been passed in the exercise of appellate jurisdiction. The court of first instance. A decree of appellate court has to be executed by the court of first instance. For that also there is a decision. Raman Gutty v. Avara 1994 to SCC 622. There are other decisions also. This is one of the decisions. Now let us see. When can a decree be transferred? Remember a decree can be executed by the court which passed it or the court to which it is sent for execution. So different situations are mentioned in section 939. So that usually the judgment letter will be within the jurisdiction of the court or he may have property within the jurisdiction of the court which executes the decree. Suppose the judgment letter is not available within the jurisdiction of the court or he does not have any property within the jurisdiction of the court. What is the procedure to be followed? So decree has to be transferred to another court for execution. So the application has to be filed before the court which passed the decree. That application should be filed by the decree holder in the form of an execution petition to the court which passed it to transfer to send a decree to another court of competent jurisdiction. What are the circumstances under which the decree can be sent for execution? That is mentioned in clauses 8 to D of section 39 subsection 1. If the person against whom the decree is passed actually and voluntarily resides or carries on business or personally works for gain within the local limits of the jurisdiction of such other court because that means the JD is not available within the jurisdiction of the court which passed the decree, but available within the jurisdiction of another court. Then if such person has no property within the local limits of the jurisdiction of the court which passed the decree, that is sufficient to satisfy such a decree and has property within the local limits of the jurisdiction of such other court. The judgment letter has no property within the local limits of the jurisdiction of the court which passed the decree but has some property within the jurisdiction of another court. In that situation also the decree holder can apply to the court to get the decree transferred to that court. Then if the decree directs sale or delivery of the mobile property situate outside the local limits of the jurisdiction of the court which passed it or if the court which passed the decree considers for any other reason which it shall record in writing that the decree should be executed by such other court. This is subsection 39.1. Then subsection 2 says the court which passed the decree may its own motion send it for execution to any subordinate court of competent jurisdiction. The subordination of courts is mentioned in section 3 CPC. The district court the district court the sub the sub court and the muncif court are subordinate to the high court. Then the muncif court and the sub subordinate court are the sub the court of the subject are subordinate to the district court. This is this is the way section 39 says about subordination of courts. Then subsection 3 what is meant by competent court of competent jurisdiction for the purpose of section 39. It is explained in subsection 3 for the purposes of this section a court shall be deemed to be a court of competent jurisdiction if the next descendants is very important at the time of making the application for the transfer of decree to it. So the point to be the crucial point is that at the the point of time of making the application for transfer such court would have jurisdiction to try the suit in which such decree was passed. So a court shall be deemed to be a court of competent jurisdiction if at the time of making the application for the transfer of decree to it such court would have jurisdiction to try the suit in which such decree was passed. Then section 39 for that is also very very important nothing in this section shall be deemed to authorize the court which passed a decree to execute such decree against any person or property outside the local limits of its jurisdiction. So section 39 for was introduced by the CPC amendment act 1999 with effect from July 2002. The major amendments were made to the CPC for expedient expeditious trial or to reduce the delays faced at different levels of the litigation. Amendments came came into force with effect from 17 2002. The amendments were challenged before the Supreme Court. Those challenge were considered in two decisions, two cases, two decisions, reported decisions. Every every amendments were considered and approved by the Honorable Supreme Court. Everything was considered to Salem Bar Association case number one, the year 2003 Supreme Court on 89, then Salem 2005 Supreme Court 3353. You'll get a clear idea about various amendments, the objections raised and the considerations made by the Supreme Court. So along with section 39, but while transfer of decree provisions or rules five to eight in order 21 are also to be considered. That deals with the procedure for transfer of decree section 39 deals with the circumstances under which a decree can be sent for execution to another court of competent jurisdiction when 39123 and four is a general provision that the court which passed the decree cannot does not have jurisdiction to execute the decree if the person if the judgment that is not before it or if the judgment that does not have property before. Then rule five deals with the mode of transfer rule six deals with procedure where court decides that its own decree shall be executed by another court. Then rule seven deals with court receiving copies of decree what should be done by the court to which it is sent for execution and that court has to file it without proof without insisting for proof. Then rule eight execution of decree by the court to which it is sent for execution. So these are these are the provisions that these orders order 21 rules five to eight will have to be read along with section 39 to get a clear idea about the transfer of decree and the procedure to be followed while sending a decree to another court for court of competent jurisdiction for execution. Then section 41 says that result of execution proceedings shall be certified. So the court to which a decree is sent for execution shall certify to the court which passed it the fact of such execution or whether whether court to which it is sent for execution fails to execute the same the circumstances attending such failure. So this has to be returned to the this information has to be sent to the court which passed the decree the transfer report will have to say that this much of decree this much of decree has been executed part either part satisfaction or no satisfaction of the decree has to be communicated or conveyed to the court which passed the decree. Then what are the powers of the court in executing transfer decrees? It is needless to say that the court executing the decree shall have the same powers as that of the court which passed the decree of course certain certain restrictions are there in section 42 of course generally the court executing the decree that means the court that includes the court to which it is sent for execution shall have the same powers as that of the court which passed the decree and that power includes transfer of decree to another court for execution under section 39. So if that power is exercised that is if the decree is sent to another court for execution the transfer report shall inform the fact to the transfer of court this is competency of the court section 39.3 we have already discussed can a decree be assigned like a property the answer is yes it can be assigned the interest in the decree under the decree can be assigned like a property the transfer can execute the decree the order 21 rule 16 is the 11 provision the execution should be by the modes provided in the court of course the transfer has to obtain permission of the court which passed the decree and it shall also the court shall also issue notice to the transfer and also to the judgment letter before proceeding with execution of the decree at the instance of the transfer then a decree is sent for execution to another court the question may arise does the transfer court has power to review the order passed by the transfer or court it does not have such power the transfer the transfery court is not vested with any jurisdiction under section 42 to review the order of the transfer or court or reconsider it on any grounds see order 21 rules 5 to 8 states that the violence ending a decree for while transferring a decree for execution the transfer report has to send a copy of the decree then two certificates are also necessary once one is one one certificate should say that to the extent of the to what extent the decree has been satisfied suppose the decree is executed in part to the extent of its satisfaction has been obtained and what part of the decree remains unsatisfied then a copy of copy the orders if any passed in the execution petition so so the the transfery court does not have the jurisdiction to reconsider the orders passed on any grounds or it cannot also review the orders of the transfer or court it has to start the it has to execute the decree from the point from the point it receives the decree for execution from the transfer or court that means the court which passed the decree then some other provisions in order 21 rules rules order 21 rules 1 and 2 methods of payment in person of a decree by deposit into court whose duties to execute so what order 21 rules 1 2 and 2 a also can be looked into by deposit into court whose duty it is to execute the decree or send to that court by postal money order or through a bank or of course payment can be made out of court also to the decree order by decree order by postal money order or through a bank or by any other mode where payment is evidenced in writing or otherwise or some other modes as directed in the decree then what what are the types of execution petitions order 21 rule 10 deals with the execution petition and order 21 rule 11 says that an application can be an application for execution can be written in writing or can be even an oral application is permitted order 21 rule 11 1 sub rule 11 1 says that oral application can be the decree order can make an oral application under what circumstances if it is a if the decree is for payment of money and at the time of passing of the decree the decree order makes an application and when the judgment provided that the judgment letter is available within the precincts of the court so usually oral application for execution of the decree is not made I don't know any such procedure is prevailing in any part of the country usually written application is filed for execution of the decree in accordance with the provisions of the CPC then order 20 rule sub rule order rule 11 to return apply provides for written application and it shall contain details mentioned there mentioned there a certified copy of the decree also should be filed along the execution petition then this is another important provision this is the general provision order 21 rule 22 the court has discretion sorry order under order 21 rule under order 21 this is some mistake in the the first part you need not look into under order 21 rule 22 the court has to issue notice to the judgment letter under certain circumstances why the decree should not be secluded if the execution petition is filed beyond two years from the date of the decree or execution is sought against legal representatives of the jd's or against assignees or receiver in insolvency proceedings under these circumstances notice under rule 22 is mandated of course the the later part of the section says that the court in under certain circumstances need not issue a notice of course under exceptional circumstances on generally if the execution petition under these circumstances a notice should go to the judgment letter before proceeding before it proceeds with execution of the decree then stay of execution usually stay is granted by the appellate court under order but order 41 rule 5 says that for a limited period for a fixed period only the trial court can grant an order of state then there are two other provisions also under order 21 rule 26 this is this is a power that is available to the transfer code it can stay execution of the decree to a limited period to facilitate the judgment letter to obtain necessary stay orders from the trial court which passes the decree then 21 29 also order 21 rule 29 also the stay stay of execution can be granted under peculiar particular circumstances then another suit is in another suit instituted by the jd or other person interested in the same subject matter against the decree holder is pending so these are the these are the these are a few provisions that by which it execution of the decree can be stayed by the code which passed the decree or the code to which it is sent for execution then some some other important point points aspects also can be borne in mind the first one is regarding the limitation period of limitation for delivery of possession by auction purchaser auction purchaser under order 21 rule 95 cpc that is one year from the date of confirmation of sale then we have already dealt with article 135 period of limitation for enforcement of a decree for mandatory injunction that is three years from the date of decree or when a date is fixed for performance from that date then to record an adjustment or satisfaction of decree under order 21 rule to cpc that is 30 days from the date of payment or adjustment article 125 to record an adjustment or satisfaction of a decree under order 21 rule to 30 days from the date of payment or adjustment then for payment of the amount due under decree by installments under order 21 rule 11 to 30 days from the date of decree then when sale takes place usually applications applications are filed to set aside sale what is the period of limitation to file up the applications under order 21 rule 89 90 or 91 that is 60 days from the date of sale then re-delivery of possession under order 21 rule 99 cpc when a third party is dispossessed in execution of a decree by the decree holder or by the auction purchaser he can approach the execute execution code with a claim petition the decision the supreme order said that even by even apprehending dispossession that such person can approach but when there is read when when the when the prior is for re-delivery of possession under order 21 rule 99 it is 30 days from the date of dispossession article 128 then perpetual injunction no limit no period of no time is specified then then in execution of a decree for payment of money by arrest and detention usually a JD can be kept in custody in custody so after the code passes in order for detention in civil prison so as to enable the judgment that to pay them all instead of spending some time in switch that is the maximum period that is the maximum period during which such custody is possible is 15 days then what is the time limit for deposit of three fourth of the sale proceeds see when when there's been sale when sale takes place the purchaser has to remit 25 percent of the sale price immediately on the date of sale itself and the balance amount within 15 days that 15 days is fixed by the statute so it cannot be no no further extension is possible so what is the period of period period period what is the time specified for deposit of three fourth of the sale price that is 15 days that period cannot be extended because it's a mandatory provision that the court has no power to extend the period of 15 days then okay these are a few few provisions few provisions or a few tips as regards execution of a decree some some got some provisions it can be born in mind then another thing is what is the period of suppose suppose any application filed under order 21 is dismissed for default or an order is made expatriate what is the remedy available to the applicant or to the respondent the relevant provisions are rules 105 and 106 of order 21 105 and 106 of order 21 106 says that 30 days it it says that 30 days from the dismissal of the application of the order by which the respondent was set expatriate so that that period also cannot be delay in delay if there is delay in filing the application the delay cannot be condone because the section five of the limitation act has no application to execution proceedings apart from these general provisions there are provisions like section the garnishy proceedings garnishy of course everyone knows garnishy's editor of editor the the property the the decree holder can proceed against the garnishy for to get to execute the decree then order 21 rule 58 claimer objection against attachment then then section 60 section 60 days with the what are the what are all the properties that can be executed that can be attached and the subsections also says that what are the properties that are accepted from attachment various provisions are there then section 73 provides for distribution of assets rateable distribution when there is one JD one judgment editor and several judgment editor and all of them have obtained the creep of payment of money against the same judgment editor and have file even file applications for execution of the decree so certain conditions are to be satisfied then section 82 and the decree is passed against the government state government or the central government or a public officer it shall remain it shall remain unsatisfied for a period of three three months then only execution can be the proceedings in execution can be taken then the there are there is provision 144 per institution suppose any decree or order order is set is set aside reversed or modified then whatever whatever benefits obtained by the decree order will have to be restored to the judgment editor on an application filed by the judgment editor then order 21 order 21 rules 97 to 104 provisions for removal of obstruction resistance then claimed by third third party is claiming a right title or interest over the property in question these are these are all general provisions anyway or the the topic execution of decrease and orders is a very vast one and within the time available I can only discuss only this much so I am completing my lecture or what what your discussion with you on this topic so if anything anything more is required because we can we can have a discussion we can take the questions yes if questions if any that can be I have to I had to rush through because of the because of the because of positive time anyway I'm told that this will be available in the youtube of no no we are already live on the youtube yes so whenever there is any doubt you can go to the youtube channel and see what what exactly is the position Mr. Satyan could you remove this ppt then we can take the questions yes of course of course yes so it was a fascinating session we never realized that one hour has gone through this is when the decree was passed by the trial court there was a law fixed by the supreme court pardon the decree reached for it he said that if there is a change in the law after when the judgment was passed and after the decree is reached for execution then how does the executing court execute the decree according to which law change in law change in law what what what is meant by change in law change in law will not make make the decree unexecutable yeah suppose suppose change in law mean suppose it's suppose it's suppose take take the case of a run control legislation run control run control act because when a particular building is situated within the run control area and the court passed an order of eviction it went up to the supreme court in the meantime uh or vice versa i will i will explain it a little more clearly suppose the suit for eviction is passed is filed a decree is passed the property the building was situated not in a run control area i i was a little bit confused the a decree for eviction was passed in respect of a building situated not situated in the run control area it went up to the supreme court the decree and judgment were confirmed now the decree holder wanted to execute the decree file any file an execution petition the government notified that the area where the building is situated as the area that comes under the run control act that that means the decree cannot be executed under that situation because he be the tenant becomes the protected protected tenant the the area where the building is situated comes under the purview of the run control act so the decree even if it is confirmed by by the supreme court after several years of litigation the decree the decree can be the execution court can uh say that it is not executable otherwise uh change in law i think that some clarification is required what exactly is meant by the person who put the question what type of change in law if it is a general general thing i don't think decree becomes not executable okay this is any other question yeah yeah we are moving sir in a suit for recovery of position if i mistake the area of schedule of property is not mentioned and only plot number is mentioned suit gets decree can such decree be executed when area is not mentioned area is not mentioned areas not mentioned but suppose there is there there is there are materials to identify the property usually a decree can be passed in respect of a specific property there will be a schedule to the plane the the the schedule to the plane or showing the property of property in respect of which the relief is claimed so whenever there is a decree there is a decree is passed in respect of a specific property that property that decree has to be executed suppose uh what it depends again it depends suppose nothing is there nothing is there in the schedule to identify the property no description is not there boundaries are not not clear then it might be might be a little difficult but the executing court can find out find out with the with the information available what exactly is the property that is sought to be delivered over to the decree holder it does not take away power of the execution court to look into that convention court can court can in a property case i identify what exactly is the property just because the area is not mentioned it doesn't mean that the property cannot be delivered over to the decree holder whenever especially when there is a decree passed this by advocate a show in rent petition two release were given first one was payment of areas pardon of second first one was for payment of areas of rent and decree for areas of rent and second one for was one a force for eviction what is the limitation period for execution of both the release article 136 in a suit for recovery of possession this is by the advocate the way recovery it is 12 years is it not 12 years article 136 article 136 is not applicable to decree for mandatory injunction it is applicable to all other decrees yeah for execution of decree execution of decree 12 years article 136 is applicable d the wish sir in a suit for recovery of possession that has been done civil court can decree can civil court decree be executed by criminal courts pardon pardon in a suit for record civil court decree be executed not at all not at all this is no aloha mistra can orbital awards be executed against the government and attachment and sale can be done subject to the as for the provisions of the arbitration cancellation if it is possible it can be it can be enforced our arbitral award can be imposed as for the provisions of the arbitration cancellation i think of course but one decision says section 38 39 are not applicable but it's a decision by the supreme court yes can an order passed under section 37 of cpc in execution of the award of the labor court it can be considered as a decree for the limited purpose of enforcement to enforce it so section one decision says section 38 30 39 are not applicable but it's a decision by the supreme court yes can an order passed under section 37 of cpc in execution of the award of the labor court by a junior civil division be challenged in which court whether adj or a high court an order an order in execution of the decree passed by the labor court award by the civil civil court civil judge junior division of course by the that the appellate forum is at district court execution would lie article 227 once there is an adverse order article 227 is a different remedy that's what he's asking whether 227 can be done or not an order passed under section 37 yeah 37 is it 37 or 37 37 37 definition of the court which passed a decree what what what is the order to be to be passed under 37 no order no order need be passed can be passed under section 37 defines which is the court the court which passed a decree it defines the expression with the court which passed a decree there is no scope for any order being passed under section 37 you must be referring to a section 37 in the labor court if the civil civil judge junior division passes an order in execution of course the appeal will lie to the court to which an appeal from the decree lies that is a that is a rule of course 227 if something comes if if in any grounds are there to approach the high court under 227 of course that remedy is available but against in respect of the final order an appeal will lie to the district court yes I'm just checking it out but I don't think we have any questions yeah so thank you mr certain menon it was a quite fascinating session and as you said that in a bird eye view it's only a bird side it's very difficult it's very difficult to speak this was subject in 60 minutes anyway I can only I could only give some idea some idea no as a lawyer if you get an idea you can always look further ahead yes you can build upon it those who are not subscribed to the channel of beyond law CLC they can do that and they can also connect on the whatsapp number 98725 03300 what we have shared on the chat for further updates on the webinars tomorrow we have mr shankarnath youtuber and content writer he will be speaking at 1 pm on how to do investments do stay connected with us stay safe stay blessed thank you and thank you so thank you so much thank you