More Details about Woodroffe & Ameer Alis : Law on Execution of Decrees and Orders, 3rd New Edn.

General Information  
Author(s)Woodroffe & Ameer Ali
PublisherDelhi Law House
Edition4th Edition
ISBN9789381308769
Pages1288
BindingHardback
LanguageEnglish
Publish YearAugust 2018

Description

Purpose of law is justice, and adjudication of a dispute in favour of a litigant in itself does not mean complete discharge of satisfaction of State's duties under administration of justice. The benefits provided under the adjudication have to actually reach the litigant. Execution is the most important aspect of Civil Justice. The success or failure of system of Civil Justice depends on success in executing decrees of Civil Courts. In addition to decrees, some orders can also be executed by following the same procedure for execution as is applicable to execution of decrees.The word 'execution' in view of the Halsbury's Laws of England, signifies the enforcement of or giving effect to the judgment or orders of Courts of Justice, in a narrower sense it means—enforcement of those orders or judgments by a public officer under the orders and directives of the Court. Following are the requisites to render a decision of the Court as decree :- (i) There must be an adjudication. (ii) Such adjudication must have been given in a suit. (iii) It must have determined for rights of the parties with regard to all or any of the matters in dispute in the suit. (iv) Such determination must be of conclusive nature, and (v) There must be a formal expression of such adjudication. All the questions arising in execution of decree have to be decided by the Executing Court itself and not by separate suit. However an executing court cannot go behind the decree nor can it question its legality or correctness. But there is one exception to this general rule, that a decree passed by a Court without jurisdiction is a nullity and its invalidity could be set up whenever and wherever it is sought to be enforced or relied upon even at the stage of execution. However, where the objection as to the jurisdiction of the Court to pass the decree does not appear on the face of the record and requires examination of the questions raised and decided at the trial, or which could have been, but have not been raised, the executing court will have no jurisdiction to entertain an objection as to the validity of the decree, even on the ground of absence of jurisdiction. The general procedure in execution is just like that applicable to Civil Suit. Contents Chapter I Introduction Chapter II Execution of Orders Chapter III Court by which Decree is Passed-Definition of Chapter IV Courts by which Decree may be Executed Chapter V Questions to be Determined by the Court Executing Decree Chapter VI Limit of Time for Execution Chapter VII Transferee and Legal Representatives Chapter VIII Application for Execution-Kinds and Procedure Chapter IX Procedure in Execution of Decrees Chapter X Process for Execution of Decree Chapter XI Stay of Execution Chapter XII Mode of Execution of Decree Chapter XIII Payment of Money Under Decree Chapter XIV Arrest and Detention of Judgment-Debtor Chapter XV Attachment of Property in Execution of Decrees Chapter XVI Adjudication of Claims and Objections Chapter XVII Sale of Property in Execution of Decree Chapter XVIII Sale of Movable Property Chapter XIX Sale of Immovable Property Chapter XX Distribution of Assets Chapter XXI Resistance to Delivery of Possession to Decree-Holder or Purchaser Forms for Execution of Decrees (Appendix E to the Code of Civil Procedure, 1908) Index