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STEPS FOR EXECUTING A COURT DECREE

HELLO FRIENDS, today we shall delve into the process of executing a money decree awarded by a civil court. It is hard reality that even after obtaining a favorable order from the court of law, the interested parties need to wait for the real receipt of the money i.e. to say for the execution of the decree.

Stages / steps for the realization of actual money are as under:

    1. Immediately after passing of the decree, the person in whose favor the order is passed i.e. the plaintiff has to apply for the certified copy of the decree / order  / judgment.
    2. Thereafter the said person is required to wait for the realization of the decree. Normally, the period of payment of money is mentioned in the order. Even otherwise, the plaintiff needs to wait for a period of atleast 90 days before filing the petition for execution in case the other party fails to pay the said amount.
    3. The said time of 90 days is basically the time period within which the other party against whom the order is passed can approach the appellate court to challenge the order, that is why it is required to wait for the said period.
    4. Once the period of 90 days is expired, the interested party in whose favor the order is passed can file the petition for executing the decree in the same court which passed the decree or any other within jurisdiction of which any immovable property of the debtor is situated. Along with this, the party also is required to file a list of assets of debtor and affidavit stating that no appeal been preferred against the order.
    5. Once the execution petition is admitted, the court issues the notice / summons upon the other party to appear in the court.
    6. After that the opposite party is enquired as to why any payment is not made towards the satisfaction of the decree. In case of no payment, the court is empowered to issue warrants of attachment against the property of the person in default.
    7. Thereafter, a person named as bailiff is appointed by the court who takes the warrant of attachment to the property of the defaulting party and attaches the same to the satisfaction of the decree. Even then, if no money is realized, in such a situation, the decree holder can file application to direct the defaulting party i.e. judgment debtor to disclose on affidavit the list of all assets and liabilities.
    8. Finally, if after all the aforesaid, no amount is obtained, the decree holder can seek the indulgence of the court to detain the debtor in civil prison.

I hope the above information will be helpful to all the readers. For any comment please feel free to write in the comment section.





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Comments

  1. Kailash Madan26 January 2023 at 01:21

    Yes execution of decree is more important to get the desired relief. Nitty gritty well explained.

    ReplyDelete

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