Execution and Modes of Execution in CPC

Introduction

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

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 circumstances, the judgment will be implemented by ano ther 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. The execution is complete when the judgment -creditor or decree-holder gets money or other thing awarded to him by judgment, decree or order.

Execution meaning

When a person obtains a decree from a court of law against another person, his next step is to get the decree satisfied. The proceeding by which he moves the court for satisfaction of decree is called execution proceedings.

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.

Term `Execution’ has not been defined in Code of Civil Procedure. However, expression “Execution” means enforcement of decrees and orders by the process of the court, so as to enable the decree holder to realise the fruits of the decree. The principles governing execution of decree and orders are dealt with in Sections 36 to 74 and Order 21 of the Civil Procedure Code.

ILLUSTRATION:

A file a suit against B for Rs 10,000 and obtains a decree against him. Here A is the decree-holder. B is the judgment-debtor, and the amount of Rs 10,000 is the judgment- debt or the decretal amount. Since the decree is passed against B, he is bound to pay Rs 10,000 to A. Suppose in spite of the decree, B refuses to pay the decretal amount to A, and A can recover the said amount from B by executing the decree through judicial process. The principle governing the execution of decree and orders are dealt with in Sections 36 to 74 (substantive law) and Order 21 of the code (procedural law).

Supreme Court in Ghanshyam Das v. Anant Kumar Sinha, dealing with provision of the code relating to execution of decree and orders, stated, “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 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. In an exceptional case, where provisions are rendered incapable of giving relief to an aggrieved party inadequate measures and appropriate time, the answer is a regular suit in the civil court.

Provisions as regard to execution proceedings:

Execution Proceedings overview of Substantive Provisions:

APPLICATIONS FOR EXECUTION [Order 21 Rule 10 and Rule 11]

The execution proceedings can be started only after the delivery of judgment by the court and preparation of the decree.

All proceedings in execution are started by an application for execution, which can be oral or written.

Order 21 Rule 10 : Where the holder of a decree desires to execute it, he shall apply to the court which passed the decree or to the officer (if any) appointed in this behalf,

where the decree has been sent under the provisions herein before contained to another court then, decree holder shall apply to such court or to the proper officer thereof.

Two kinds of application as per rule rule 11 of order 21 :

Oral application for execution: Order 21 Rule 11(1) : Where a decree is for the payment of money the court may-
On the oral application of the decree-holder at the time of the passing of the decree, order immediate execution thereof by the arrest of the judgment debtor, prior to the preparation of a warrant.
Provided judgment debtor is within the precincts of the court.

Written application for execution: O21 R11(2) : Save as otherwise provided by R11(1), Every application for the execution of a decree shall be in writing signed and verified by the applicant and shall contain particulars as provided in R11(2).

Particulars of Written Application:

Except in the case of a money decree, every application for execution shall be

In writing,
Signed and verified by the applicant or by some other person acquainted with the facts of the case.
It shall contain the necessary particulars like the number of the suit, the names of the parties, the date of the decree, the amount of the decree,

Who May File Application for Decree ?

Application for execution can be made by

The decree holder himself.
His legal representative if the decree holder is dead.
Any person claiming under the decree holder.
Transferee of Decree holder who has given notice to transferor and judgement debtor.
Any one or more of the Decree holders where it is for benefit of all and no contrary intention is indicated.

Form of Application:

An application for execution shall be in Form No. 6 of Appendix E to the First Schedule. But even if an application is not in the proper form, the defect is not vital or material.

Procedure on receiving Application:

Admission : Rule 17 prescribes the procedure to be followed on receiving an application for execution of a decree. It casts a duty upon the court to ascertain whether the execution application complies with the requirements of Rules 11 to 14. If they are complied with, the court must admit and register the application. If they are not complied with, the court shall allow the defect to be remedied then and there or within a time fixed by it. If the defect is not remedied within that period, the court shall reject the application. The provisions of this rule are procedural and they should be interpreted liberally.

Hearing of application: Rules 105-106 Rules 105 and 106 have been inserted by the Amendment Act of 1976. Rule 105 provides that the court before which an application is pending may fix a date for hearing of such application. When the application is called out for hearing and the applicant is not present, the court may dismiss the application. On the other hand, if the applicant is present and the opposite party is not present, the court may hear the application ex parte and pass such order as it thinks fit.

Rule 106 lays down that if the application is dismissed for default or an ex parte order is passed under Rule 105, then the aggrieved party may apply to the court to set aside such order. The court shall set aside such order if sufficient cause is shown. An order rejecting an application under Rule 106(1) is appealable under order 43 rule 1.

Notice of execution: Rule 22 Rule 22 provides for the issue of show cause notices to persons against whom execution is applied for in certain cases. As a general rule, the law does not require any notice to be issued for execution. In the following cases, however, such notice must be issued:

Where an application is made two years after the date of the decree; or more than two years after the date of the last order made on any previous application for execution; or
Where an application is made against the legal representative of the judgment debtor; or
Where an application is made for the execution of a decree passed by a court of reciprocating territory; or
Where an application is made against the assignee or receiver of insolvent judgment debtor; or
Where the decree is for payment of money and the execution is sought against the person of the judgment debtor;
Where an application is made against a person who has furnished security or given a guarantee for the performance of a decree or for the restitution of property or for the payment of money, to render him personally liable or to sell his property; or
Where an application is made by the transferee or assignee of the decree holder as under rule 16 order 21.

Procedure after notice: Rule 23 If the person to whom the notice is issued under Rule 22 does not appear or does not show cause against execution, the court shall, unless it sees any cause to the contrary, issue process for the execution of the decree.48 But where such person offers his objections against the execution of the decree, the court shall consider them and pass such order as it thinks fit.

Limitation : The period of limitation for the execution of a decree (other than a decree granting a mandatory injunction) is twelve years from the date of the decree. The period of limitation for the execution of a decree for mandatory injunction is three years from the date of the decree.

Execution application and res judicata: The doctrine of res judicata was judicially held applicable to execution proceedings. Explanation VII to Section 11 as added by the Amendment Act of 1976 now specifically provides that the provisions of res judicata will apply to execution proceedings also.

Case Laws

Chimandas v. Mahadevappa Firm, AIR 1961: Hence, it cannot be invoked in aid of an application for attachment before judgment under Order 38 Rule 5. Again, no attachment can be affected under this section where the property is situated outside India.

GARNISHEE ORDER: RULES 46-A to 46-I :

General Rules 46-A to 46-Iof Order 21, as inserted by the Code of Civil Procedure (Amendment) Act, 1976 lay down procedure in garnishee cases. Garnishee proceeding is a proceeding by which the decree holder seeks to reach money or property of the judgment debtor in the hands of a third party (debtor of judgment debtor). By this process, an executing court may order a third party to pay to the judgment creditor (decree holder) the debt from him to the judgment debtor. The payment made by the garnishee pursuant to the order passed by the executing court is a valid discharge to him against his decree holder.

Meaning :

“Garnishee” means a judgment debtor’s debtor. He is a person who is liable to pay a debt to a judgment debtor or to deliver any movable property to him. “Garnisher” (Garnishor) is a judgment creditor (decree holder) who initiates garnishee proceedings to reach judgment debtors money or property held or possessed by third party (garnishee).

“Garnishment” is a proceeding by which the decree holder seeks to get the property of the judgment debtor. “Garnishee proceeding” is a judicial proceeding in which a judgment creditor (decree holder) prays to executing court to direct third party who is a debtor of the judgment debtor to pay the amount to the garnisher (decree holder). “Garnishee order” is an order passed by a court ordering a garnishee not to pay money to the judgment debtor because thelatter is indebted to the garnisher.

Illustration: Suppose A owes rupees 1000 to B and B owes rupees 1000 to C. By a garnishee order, the court may require A not to pay money owed by him to B, but instead to pay to C, since B owes the said amount to C, who has obtained the order.

Notice :

Rule 46A requires a notice to be issued to a garnishee before a garnishee order is passed against him. If such notice is not issued and opportunity of hearing is not afforded before passing an order, the order would be null and void. In the eye of the law, there is no existence of such an order and any step taken pursuant to or in enforcement of such an order would also be void.

Failure to pay: Where neither the garnishee makes the payment into the court, as ordered, nor appears and shows any cause in answer to the notice, the court may order the garnishee to comply with such notice as if such order were a decree against him.

Appeal :Orders passed in garnishee proceedings are appealable as “decrees”.

Wrongful garnishment: A wrongful garnishment may give rise to an action for damages

Questions to be determined by Court

Section 47 basically talks about the Limitations on the court executing a decree:

Sec-47: Which questions are to be determined by court executing the decree ?

All questions Arising between the parties to the suit (or their representatives) in which the decree was passed and relating to execution, discharge or satisfaction of decree shall be determined by court executing the decree not by a separate suit.

Where a question arises as to whether any person is or is not representative of a party,
Explanation I – For the purposes of this Section, a plaintiff whose suit has been dismissed and a defendant against whom a suit has been dismissed are parties to the suit.
Explanation II –

- For the purposes of this Section, a purchaser of property at a sale in execution of a decree shall be deemed to be a party to the suit in which the decree is passed;
- All questions relating to the delivery of possession of such property to such purchaser or his representative shall be deemed to be questions relating to the execution, discharge or satisfaction of the decree.
  
  The underlying object of Sec-47 provision is to provide cheap and expeditious remedy for determination of certain questions in execution proceedings without recourse to a separate suit and to prevent needless and unnecessary litigation. Thus, we can say that, the executing court can go into all question between the parties relating to execution, discharge or satisfaction of decree, and such court has no power to amend, modify or substitute a decree or in other words, executing court cannot go behind the decree.
  
  Exception : Although An executing court cannot go behind the decree nor can it question its legality or correctness. But where the decree sought to be executed is nullity for the lack of inherent jurisdiction in court passing it, its invalidity can be set up in an execution proceeding i.e. the executing Court can entertain an objection that the decree is nullity and can refuse to execute the decree.
  
  In Kiran Singh v. Chaman Paswan, AIR 1954 SC 340, it was observed : It is a fundamental principle well established that a decree passed by a court without jurisdiction is a nullity, and that is invalidity could be set up whenever and wherever it is sought to be enforced or relied upon even at the stage of execution and even in collateral proceedings.

Transferee and Legal Representative (Section 49 and 50):

Section 49:Transferee:

Every transferee of a decree shall hold the same subject to the equities (if any) which the judgment-debtor might have enforced against the original decree-holder.

The judgment-debtor is entitled to claim under this section only those equities which he had against the original decree-holder. For example- ‘A’ holds a decree of Rs 5000 against ‘B’. ‘B’ holds a decree of Rs 3000 against ‘A’. ‘A’ transfers its decree to ‘C’. ‘C’ cannot execute the decree against ‘B’

Section 50: Legal representative

Where a judgment-debtor dies before the decree has been fully satisfied, the holder of the decree may apply to the Court which passed it to execute the same against the legal representative of the deceased.
Where the decree is executed against such legal representative, he shall be liable only to the extent of the property of the deceased which has come to his hands and has not been duly disposed of; and, for the purpose of ascertaining such liability, the Court executing the decree may, of its own motion or on the application of the decree-holder, compel such legal representative to produce such accounts as it thinks fit.

A Legal representative is a person in law who represents the estate of the deceased and includes any person who intermeddles with the estate of the deceased and where a party sues or sued in a representative character, the person on whom the estate devolves on the death of the party so suing or sued. [S. 2(11) of CPC].
In another sense, a person who stands in the place of, and represents the interests of another is called a legal representative. A person who supervises the legal affairs of another like executor or administrator of an estate and a court-appointed guardian of a minor or incompetent person.

Whether a decree can be executed against legal representatives

Prabhakara Adiga v. Gowri, (2017) : It is apparent from Section 50 CPC that when a judgment-debtor dies before the decree has been satisfied, it can be executed against legal representatives. Section 50 is not confined to a particular kind of decree. Decree for injunction can also be executed against legal representatives of the deceased judgment-debtor.

MODES OF EXECUTION

Process of execution of decree or order of civil courts commences by filing petition for execution. Provisions of Section 36-74 and Order 21 of CPC in itself dealing with different facets of execution. When a decree comes up for execution, a natural question arises as to how court will proceed to execute the decree. It largely depends upon the nature of the decree, For example if the decree is for recovery of money the court will adopt different position from than in case of decree of partition

Section 51 provides basic powers of court to enforce execution. It has a very wide scope and gives option to decree holder of enforcing a decree by several modes available under the Code.

1. Delivery of Property (Section 51 a):

This provision has been covered under two heads.

Moveable Property (Section 51 a ,Rule 31 : Section 51(a) provides that a decree can be executed by delivery of any property specifically decreed. Where the decree is for any specific movable property, it may be executed in the manner as provided under rule 31. The words specific movable (property) does not include money and, therefore, a decree for money cannot be executed under Rule 31, Again, for the application of this rule the property must be in the possession of the judgment debtor. Where the property is in the possession of a third party, the provisions of this rule do not apply and the property cannot be attached.
Immovable Property (Rule 35-36): Rule 35 Similarly Order 21 rule 35 CPC provides the delivery of property as per the table below.

Sr. No.	Kinds of property	Mode of Delivery
Moveable Property
1.	Movable property actually seized	By delivering it to the purchaser
2.	Movable property in possession of any person other than the judgment debtor;	By giving notice to the person in possession prohibiting him from delivering possession to any person except the purchaser. 2
3.	Debt not secured by a negotiable instrument;	By an order prohibiting the creditor from receiving the debt or any interest thereon and the debtor from paying it to any person except the purchaser.
4.	Share in a corporation;.	By an order prohibiting (a) the shareholder from transferring it to any person except the purchaser, or receiving dividend or interest thereon; and (b) the officers of the corporation from permitting such transfer or making payment to any person except the purchaser
5.	Negotiable instruments and shares;	By executing a document or making an endorsement in the prescribed form transferring in favour of the purchaser.
6.	Any other property not otherwise provided for;	By an order vesting such property in the purchaser.
Immovable Property
1.	Immovable property occupied by the judgment debtor or any person claiming under him;	By putting the purchaser in possession and removing any person who refuses to vacate it.
2.	Immovable property occupied by a tenant or other person;	By affixing a copy of the sale certificate in a conspicuous place on the property and proclaiming to the occupant that the interest of the judgment debtor has been transferred to the purchaser.

Case Laws :

Shamsuddin vs Abbas Ali Shrivastav : Scope of rule 35 and 36 were discussed as Formal or symbolic possession is delivered by fixing a copy of the warrant in some conspicuous place of the property and proclaiming by the beat of drum or other customary mode at some convenient place the substance of the decree.

If the immovable property is under the possession of the judgement debtor, the actual possession must be transferred to the decree holder.

Where it is in the possession of a tenant or other person entitled to occupy the same only symbolic possession can be delivered and that has to be done under rule 36.

Gangadhar v B.G. Rajalingam 1995:

The rule does not free access to the officers of the court and have to give reasonable warning and facility to a pardanashin lady to withdraw

2. Attachment and sale of property (section 51b) :

Section 51(b) empowers the court to order execution of a decree by attachment and sale or by sale without attachment of any property. The court is competent to attach the property if it is situated within the local limits of the jurisdiction of the court. It is immaterial that the place of business of the judgment debtor is outside the jurisdiction of the court. Clause (b) of section 51 says that court may enforce the execution of any property by:

Attachment and sale or
By sale without attachment

The power is subject to conditions and limitations as may be prescribed by rules. Section 60 provides the list of property not liable to be attached.

Section 60 of the Code of Civil Procedure provides the list of properties which are liable to attachment and sale in execution of the decree. The list which is liable to be attached for enforcement of decree according to this Section is:

Land;
Houses or other buildings;
Goods and Money;
Banknotes and cheques;
Bill of exchanges and promissory notes;
Hundis;
Government Securities, bonds and other securities for money;
Debts;
Shares in the corporation;
All other saleable property that belongs to the judgment-debtor which can be movable or immovable.

Section 61 of the Code of Civil Procedure provides a partial exemption of agricultural produce.

Section 61 deals where the judgment-debtor is an agriculturalist. It states that judgment-debtor is an agriculturalist. Any agriculturalist produce is subject matter of agriculturalist. The quantum of attachment of agricultural product depends upon the quantum of decretal amount.

Section 63 where two different courts have attached the same property through different decree, then it will be looked, that which court is superior. The value of the property will determine whether further attachment can be done or not.

Section 64 of the Code of Civil Procedure, any private alienation or transfer of property after the attachment, then the transfer would be considered as void.

Section 74 of the Code of Civil Procedure provides power to arrest the judgment-debtor if they have obstructed or restricted the decree-holder from obtaining possession of any immovable property. The judgment debtor can be detained in prison for thirty days by the order of the Court.

Sale of the Property

Rule 64 provides that any court executing a decree may order that any property attached by it and liable to sale, or such portion thereof as may seem necessary to satisfy the decree shall be sold, and the proceeds of such sale, or a sufficient portion thereof, shall be paid to the party entitled under the decree to receive the same.

Sale of movable property: Rule 78-78:

Rules 74 to 78 of Order 21 deal with sale of movable property. Rules 74 and 75 relate to sale of agricultural produce and growing crops. These rules should be read with other relevant provisions of the Code. For instance, Section 2(13) defines “movable property” as inclusive of “growing crops”. Section 61 empowers the State Government to exempt a portion of agricultural produce from attachment and sale from execution.

Rules 44 and 45 of Order 21 provide for attachment of agricultural produce.

Rule 76 covers negotiable instruments and shares.

Sale of movable property should be held by public auction (Rule 77).

A sale of movable property will not be set aside on the ground of irregularity in publishing or conducting the sale (Rule 78). On payment of price, sale of movable property becomes absolute and no confirmation of sale is necessary (Rule 77).

Case Law :

Lakshmibai v. Santapa Revapa Shintre: Place of sale Sale of all movable properties in execution of a decree should ordinarily be held at some place within the jurisdiction of the court ordering such sale

Sale of immovable property: Rule 82-94

Rule 83 enables the executing court to postpone sale to enable the judgment-debtor to raise decretal dues by private alienation.

Courts competent to order sale: Rule 82 Any court other than a Court of Small Causes may order sale of immovable property in execution of a decree

Postponement of sale: Rule 83 The court may postpone sale to enable the judgment debtor to raise the decretal amount by private alienation, such as, sale, mortgage, charge, lease, etc.

The chief object of this provision is to prevent sale of the property of the judgment debtor in cases where the decree can be satisfied by private alienation of such property. Postponement of sale is at the discretion of the court and cannot be claimed by the judgment debtor as of right. Therefore, an application for postponement of sale will not be allowed where the judgment debtor had sufficient time to pay the decretal amount, or where by private alienation the decree will not be satisfied in full.

Deposit and payment of price: Rules 84-87 Immediately after the sale of immovable property, the person declared to be the purchaser of the property must deposit 25 per cent of the purchase money, unless such requirement is dispensed with by the court. The provision regarding the deposit is mandatory and noncompliance with it will make the sale a nullity. In case of failure on the part of the purchaser to deposit the amount, the property will forthwith be resold and the defaulting purchaser will be liable for the deficiency in price. The balance of the purchase money must be paid by the purchaser within fifteen days from the date of the sale. In case of default in payment of price by the auction purchaser, the amount of deposit can be forfeited and the property shall be resold after issuing a fresh notification

3. Arrest and detention (section 51 C ) :

It is for the decree holder to decide in which of the several modes he will execute his decree. One of such modes of executing a decree is arrest and detention in civil prison of the judgment debtor. However, clause (c) should be read subject to the proviso to Section 51.

Judgment-Debtor may be arrested in execution of a decree at any hour and on any day, and shall, as soon as practicable, be brought before the Court, and his detention may be in the civil prison of the district in which the Court ordering the detention is situate, or, where such civil prison does not afford suitable accommodation, in any other place which the State Government may appoint for the detention of persons ordered by the Courts of such district to be detained.
- Provided, firstly, that, for the purpose of making an arrest under this section, no dwelling-house shall be entered after sunset and before sunrise;
- Provided, secondly, that, no outer door of a dwelling-house shall be broken open unless such dwelling-house is in the occupancy of the judgment-debtor and he refuses or in any way prevents access thereto, but when the officer authorized to make the arrest has duly gained access to any dwelling-house, he may break open the door of any room in which he has reason to believe the judgment-debtor is to be found;
- Provided, thirdly, that, if the room is in the actual occupancy of a woman who is not the judgment-debtor and who according to the customs of the country does not appear in public, the officer authorized to make the arrest shall give notice to her that she is at liberty to withdraw, and, after allowing a reasonable time for her to withdraw and giving her reasonable facility for withdrawing, may enter the room for the purpose of making the arrest;
- Provided, fourthly, that, where the decree in execution of which a judgment-debtor is arrested, is a decree for the payment of money and the judgment-debtor pays the amount of the decree and the costs of the arrest to the officer arresting him, such officer shall at once release him.

The State Government has the authority to exempt such people from arrest: The State Government may declare, by notification in the Official Gazette, that any person or class of people whose arrest might cause danger or inconvenience to the public shall not be subject to arrest in execution of a decree unless the State Government prescribes a procedure.
Judgment Debtor under arrest will be told of his right to file an insolvency petition: When a judgement debtor is arrested and brought before the Court in order to comply with a court order for payment of money, the Court shall advise him that he will request to be declared insolvent and that he may be discharged if he has not committed any act of bad faith in connection with the application and complies with the provisions of the insolvency law in place at the time.
When a judgment debtor declares his intention to apply to be declared insolvent and furnishes protection, to the satisfaction of the Court, that he will apply within one month and that he will appear, when called upon, in any proceeding relating to the application or the decree in execution of which he was arrested, he can be released from custody. If he fails to comply with the court’s orders, as a result of the application and appearance, the Court can either order the protection to be realized or not. In order to carry out the decision, commit him in a civil jail.

Period Of Detention: Section 58: The period of detention of the judgment debtor in civil prison shall be

up to three months, where the decretal amount exceeds rupees five thousand; and
up to six weeks, where the decretal amount exceeds rupees two thousand but does not exceed rupees one thousand.41 Where the decretal amount does not exceed rupees two thousand, no detention can be ordered.

In Vemanarayana V. Sakku Bai 1999 : it was held by this court as follows:

Arrest and imprisonment in custody was mentioned as one of the modes of administering the decree in Section 51 of the Code of Civil Procedure. When the said mode is used, however, the proviso to the section provides a protection in favour of the judgement debtor. The judgement debtor must be given an opportunity to prove why he should not be sent to jail as a safeguard.

4. Appointment of the receiver (section 51 D):

One of the modes of execution of a decree is the appointment of a receiver. Execution by appointment of a receiver is known as equitable execution and is entirely at the discretion of the court. It cannot be claimed as of right.

It is thus an exception to the general rule stated above that it is for the decree holder to choose the mode of execution and that the court has no power to refuse the mode chosen by him. The appointment of a receiver in execution proceedings is considered to be an exceptional remedy and a very strong case must be made out in support of it. The decree holder before resorting to this mode must show that there is no effective remedy for obtaining relief by the usual statutory modes of execution. The court also must be satisfied that the appointment of a receiver is likely to benefit both the decree holder and the judgment debtor rather than a sale of the attached property.

It has also to be satisfied that the decree is likely to be realized within a reasonable time from the attached properties so that the judgment debtor may not be burdened with property while he is deprived of the enjoyment of it. Again, this mode of execution cannot be resorted to in order to circumvent the statutory provisions. Thus, the decree holder cannot be permitted to pray for the appointment of a receiver in respect of property which has been expressly excluded from attachment by the statute.

CASE LAW:

Union of India v. Jyoti Chit Fund and Finance 1976 SC

It was reiterated by the Court that the provident fund amount standing to the credit of a retired government servant is exempt from attachment and sale under the provisions of the Provident Funds Act, 1925. Since no execution can lie against such amount, no receiver can be appointed for the said sum. This section, however, should be read with the provisions of Order 40 Rule 1 regarding the appointment of a receiver and his powers.

CONCLUSION

From the above discussion, it clearly appears that execution is the enforcement of decrees and orders by the process of 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.

Order 21 of the code contain elaborate and exhaustive provision for execution of decrees and order, take care of the different type of situation and provide effective remedies not only to the decree-holder and judgment-debtors but also to the objectors and third parties.

A decree can be executed by various modes which include delivery of possession, arrest, and detention of the judgment -debtor, attachment of the property, by sale, by appointment of receiver, partition, cross -decrees, and cross-claims, payment of money etc.

On exceptional situation, where provisions are rendered ineffective or incapable of giving relief to an aggrieved party, he can file suit in civil court.