What is Execution Application?

An Execution Application is a legal document filed to enforce a judgment or decree passed by a court. Once a decree has been issued, the winning party, known as the decree holder, can file an execution application to ensure that the losing party, known as the judgment debtor, complies with the court’s order. This application can be used to compel the judgment debtor to pay money, transfer property, or take other actions as specified in the decree.

Types of Execution Application

  • Court Details: Name of the court that passed the decree.
  • Case Details: Case number, date of decree, and names of the parties involved.
  • Nature of the Decree: A brief description of the decree, whether it’s for payment of money, transfer of property, or any other action.
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  • Name and Address: Full name and current address of the judgment debtor.
  • Assets: Description of the judgment debtor’s assets that may be targeted for enforcement, such as bank accounts, real estate, or movable property.
  • The application should specify how the decree should be enforced. Common modes include:
  • Attachment and Sale of Property: Seizing and selling the debtor’s property to recover the amount due.
  • Arrest and Detention: Imprisonment of the debtor for failing to comply with the court’s order.
  • Garnishee Orders: Directing a third party (such as a bank) to pay the decree holder directly from the debtor’s account.
  • Certified Copy of the Decree: A copy of the original court decree.
  • Affidavit:An affidavit affirming that the judgment debtor has not complied with the decree.
  • Other Relevant Documents: Any other documents that support the execution application, such as property records, bank statements, etc.
  • A clear statement of what the decree holder is asking the court to do, such as seizing property, arresting the debtor, or appointing a receiver.
  • The application must include a verification clause where the decree holder affirms that the statements made in the application are true to the best of their knowledge and belief.

Frequently Asked Questions

What is the execution of a decree?

Execution of a decree is the legal process through which a court enforces a judgment, ensuring the winning party receives the awarded relief or remedy.

 

The main parties are the decree holder (the person in whose favor the decree is passed) and the judgment debtor (the person against whom the decree is passed).

The court that passed the decree or another court to which the decree is transferred can execute the decree.

Methods include delivering property, attaching and selling property, arresting and detaining the judgment debtor, appointing a receiver, and other specific performance actions.

The decree holder files an application for execution with the court, detailing the case, properties involved, and any necessary documents.

Generally, the time limit is 12 years from the date of the decree for most cases, as per Article 136 of the Limitation Act, 1963.

Yes, the judgment debtor can file objections, particularly if there are errors or irregularities in the execution process.

Yes, an executing court can stay the execution temporarily to allow the judgment debtor to seek a stay from the original or appellate court.

The attached property can be seized and sold by the court to satisfy the decree amount. This includes moveable and immoveable property, salaries, and other assets.

The court ensures rateable distribution, meaning the proceeds are fairly divided among all decree holders with claims against the judgment debtor.