The word ‘execution’ is not defined in the C.P.C. It simply means the process for enforcing the decree that is passed in favor of the decree-holder. As per Rule 2 (e) of Civil Rules of Practice “Execution Petition” means the Petition to the court for the execution of any decree or order.

Choice of the mode of execution

There are various modes of execution that are acceptable according to Sec.51 of the Code of Criminal Procedure. According to this section, the various modes of execution of a decree are:

• Delivery of any property that is specifically mentioned in the decree;
• Attachment and sale of property;
• Sale without an attachment of property;
• The arrest of the judgment debtor;
• Detention of the judgment debtor;

• Appointment of a receiver.

Section 47 of the Code of Civil Procedure provides certain questions to be determined by the Court before executing the decree. The Court has to determine all questions arising between the parties to the suit, like:

• Execution of decree;
• The satisfaction of decree;
• Discharge of the decree;
• The Court can also determine whether the person is representative of a party or not.

The application of execution has to be filed by the decree-holder and the application can either be an oral application or a written application.

Modes of executing decrees

There are various ways to execute a decree, the Court has to follow the appropriate rules provided in Order 21 while executing a decree. According to Order XXI Rule 10, an application has to be filed in the Court by the decree-holder if he desires to execute it.

Delivery of property

Delivery of property is one of the most famous modes of executing a treaty. According to order XXI Rule 79, it is said that when the property that is sold is a movable property of which actual seizure has been made, it shall be delivered to the purchaser. Rule 35 of Order XXI discusses the rules regarding the decree of immovable property. According to this rule,

• When the decree is for the delivery of immovable property, the property can be delivered to the person to whom it has been adjudged or to the representative of that person;
• This delivery has to be made after removing any person bound by the decree who refuses to vacate the property; 
• When the decree is for the joint possession of the immovable property, the possession shall be delivered after affixing the copy of the warrant in a place that is visible;
• When the person in possession is not providing free access to the property, then the Court can remove or open any lock or bolt or break open any door or do any other act necessary for putting the decree-holder in possession after giving proper warning to the women in that property.

 Attachment and sale of property

Section 60 of the Code of Civil Procedure provides the list of properties that 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 can be movable or immovable.

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

Order XXI Rule 3 of the Code of Civil Procedure provides that if the immovable property is located within more than the local limits of the jurisdiction of one or more courts, then one of the Courts can sell and attach the property. According to order XXI Rule 13, there has to be certain information in the application for attachment of immovable property. According to Order XXI Rule 31, the decree for the specific movable property can be executed by:

• Seizure of the property if it is practicable;
• Delivery of the property to the person whom it has been adjudged;
• The detention of judgment debtors in the civil prison.

Rule 41 of the Order XXI provides power to provide orders to the Court to examine the property of judgment debtors. The court may provide orders to the judgment debtor or officers in the case of firms to submit the relevant books and documents for examination. The value of the property is assessed in order to examine whether it would be sufficient for satisfying the decree. The judgment debtor, the officer in the case of corporations, and any other relevant person can be orally examined. According to Section 64 of the Code of Civil Procedure, any private alienation or transfer of property after the attachment, then the transfer would be considered void. Section 74 of the Code of Civil Procedure provides the 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.

Arrest and detention

Section 55 of the Code of Civil Procedure deals with various rules regarding arrest and detention. According to this Section,

• The judgment debtor can be arrested at any time of the day and can be brought before the Court.
• The detention of the Judgment debtor should be in civil prison.
• No officer can enter the dwelling-house after sunset and before sunrise for making an arrest.
• The officer should release the judgment debtor once the amount is paid.

Rule 37 of the Order XXI in the Code of Civil Procedure provides discretionary power to the judgment debtor to show cause against detention in prison. According to this rule:

• Where the application is made for the execution of the decree for the payment of money by the arrest and detention of a judgment-debtor in the civil prison, then the Court provides an opportunity to the judgment debtor to show cause why he should not be sent to the civil prison.
• The Court provides notice to the judgment debtor to appear before the court on a specified date and provide show cause.
• The Court will also not provide the notice in certain situations, for example, if the court feels it would delay the process of execution or the judgment debtor might abscond within that time.

According to Rule 38, the warrant for the arrest of the judgment debtor will direct the officer authorized for execution to produce him in the Court within a reasonable time. Rule 39, of Order XXI, is an important provision that deals with the subsistence allowance. The decree-holder has to pay a certain sum that is fixed by the Court for the maintenance of the judgment debtor in the civil prison from the time of his arrest until he can be brought before the Court. No judgment debtor can be arrested if the decree-holder has not paid the subsistence allowance. Section 56 of the Code of Civil Procedure provides protection to women and according to this Section, women cannot be arrested in the execution of the decree for money. The scale for the monthly allowance is fixed under Section 57of the Code of Civil Procedure or else the Court can fix an amount that it thinks is sufficient. The payment has to be made in advance to the authorized officer in the beginning and the officer of prison in the later stage. The sums disbursed by the decree-holder for the subsistence of the judgment-debtor in the civil prison shall be deemed to be costs in the suit. Rule 40 provides various proceedings that have to be followed after the appearance of the judgment debtor after providing the notice. Section 58 of the Code of Civil Procedure deals with the rules regarding detention and release. According to this section, the judgment debtor can be detained in a civil  prison:

• For a period not exceeding three months- When the decree amount is more than a thousand rupees;
• For a period not exceeding six weeks- When the decree amount is for the payment of a sum of money exceeding five hundred rupees, but not exceeding one thousand rupees.

Section 59 of the Code of Civil procedure provides that the judgment debtor can be released on the grounds of illness.