Meaning of Execution
Execution means to enforce or giving effect to a judgement or order of a court of justice. It is the enforcement of decree and orders by the process of the court, so as to enable the decree-holder to realise the fruits of the decree.
A files a suit against B for Rs. 20,000 and obtains a decree against him. Thus, A is judgement creditor and decree holder and B is judgement debtor. B has to pay him Rs. 20,000. But, if B refuses to pay decretal amount or debt, Rs. 20,000, then A can recover that money by executing the decree though judicial process.
So, Judgement and decree are two different expressions. Decree is followed by judgement.
How decretal amount can be obtained by decree holder
Order 21 of the CPC which elaborate the procedure of execution of decree and orders, also discuss the ways to obtain decretal amount from the judgement debtor. Order 21 is the longest order of the CPC.
Rule 1, 2 and 30 deal with the payment of decretal amount.
Decree for payment of money (rule 30)
Every decree for the payment of money, including a decree for the payment of money as the alternative to some other relief, may be executed in following ways-
- by the detention in the civil prison of the judgment-debtor, or
- by the attachment and sale of his property, or
- by both.
Modes of paying money under decree (rule 1)
All money shall be paid as follows-
- By deposit into the court or sent to the court by postal money order or through a bank; or
- to the decree holder by postel money order or through a bank or by any other mode wherein payment is evidenced in writing; or
- by any other method, as the court directs.
If judgement debtor pays through the mode mentioned in (a) or (c), the judgment debtor shall give the notice to the decree holder either through the court or directly to him by registered post, and interest on the money shall cease to run from the date of such notice.
WHERE MONEY PAID THROUGH
In case, money is paid by post or through the bank, the money order or payment though bank, shall accurately state the following particularly-
- the number of the original suit;
- the names of the parties or where there are more than two plaintiffs or more than two defendants, the names of the first two plaintiffs and the first two defendants;
- how the money remitted is to be adjusted, whether it is towards the principal, interest or costs;
- the number of the execution case of the Court, where such case is pending; and
- the name and address of the payer.
Certification of payment (rule 2)
Where any money payable under a decree is paid out of court, or amount of decree is adjusted in whole or in part to the satisfaction of the decree holder, the decree holder shall certify such payment or adjustment to the court whose duty it is to execute the decree and the Court shall record the same accordingly.
The object of certification is to ensure that the executing court should not be troubled with disputes with regard to payment or adjustment out of courts. The provision also seeks to avoid fraud in respect of payment made out of court.