Skip to main content

Execution in CPC

 A civil suit basically has three stages, first stage being institution ,second stage being adjudication and third stage being execution

Execution of a civil suit

execution of decrees and orders are covered under section 36 to 74 of CPC

The term execution is not defined the CPC

But in layman‘s language execution can be said as implementation of an order or a judgement

The execution is a process of getting a degree or judgement enforced on the defendant or the judgement debtor to fulfil the order mandated by the court and also enable the degree holder to given the things granted to him or her by the judgement.

For example ,A filed a civil suit against B to claim Rs.10,000.

So,here, the court ordered in favour of A And gave the legal order to B to pay the amount.

So, here in this illustration A would be the degree holder and B would be the judgement debtor,

Suppose even after the judgement B is not willing to pay the amount to A.

A has the option to submit an application for the execution of the decree and take help of judicial process.

Section 38 of the CPC speaks that A judgement can be executed only by the court of the first instance which means the court who has passed the decree or by the court

Or to whom the degree has been sent for execution,

37 of the CPC talks about A broader definition of court and which court holds the Jurisdiction power for the execution of the decree

1 - the court which has actually passed the decree,

2- The court which has passed the appellate degree,

3 - The court who has passed the decree but now is not in existence, so ,the decree would be executed by the court which has the jurisdiction to execute it,

4- The court who has ordered the decree but does not has the jurisdiction to execute in this case the decree would be sent to the court with jurisdiction.
It has been rightfully laid down that the execution power or say responsibility lies with the court who has passed the decree or order but there are certain unforeseen circumstances that rise and the execution of the decree is passed or transferred to another court. It can be transferred under two conditions.

- Suo motu - own condition 

- If a party submits an application for the same

It is not compulsory that the execution of decree is transferred to another court by the application of a party it depends on the discretion of the court.

 Grounds under which the execution of decree can be transferred to another court:

- If the judgement debtor resides within a certain jurisdiction or has business in that jurisdiction.
-If the judgement debtor’s property does not fall within the jurisdiction of the court of first instance
-If the decree directs delivery of such property which is outside the jurisdiction of the first instance court


Comments

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...