Execution of a Decree

In civil litigation, winning a case is often only half the battle. The real challenge begins with the execution of the decree. One of the most potent—and controversial—tools available to a decree-holder is the arrest and detention of the judgment debtor.

One of the modes of execution of a decree of a civil court is either by attachment and sale, or by sale without attachment, of any property. The provisions relating to sale of property in an execution proceeding are Sections 65 to 73, and the Rules 64 to 94 of the Order 21, of the Civil Procedure Code, 1908 (CPC). The Chapter VIII of the Civil Rules of Practice Kerala state the procedural matters relating to execution. The provisions cover both movable and immovable properties.

Executing Court must dispose of the execution proceedings within 6 months from the date of filing which may be extended only by recording reasons in writing for such delay, says the Supreme Court (SC) in Rahul S Shah v Jinendra Kumar Gandhi and Others [ (2021) 6 SCC 418].

One of the modes of execution of a decree for payment of money, exceeding Rupees two thousand, is arrest and detention of the judgment debtor (JD) in a civil prison. The purpose of this write up is to discusses the mode and procedure for putting a judgment debtor (JD) in civil prison, as part of execution of a decree, when he is unable to satisfy the decree against him.

The term execution of a decree refers to the process for enforcing or giving effect to the judgment, decree or order of the court. The execution is the mechanism though which the decree holder realises the fruits of the decree ordered by the court. It comes to a close when the decree holder gets the relief awarded to him by the court. The decree holder is the person in whose favour a decree has been passed, and the judgment debtor is the person against whom a decree has been passed.