Description
Delhi Law House Woodroffe & Ameer Alis : Law On Execution Of Decrees And Orders, 3Rd New Edn. by Woodroffe & Ameer Ali
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