What is the provision of execution under Code of Civil Procedure?

Execution means to implement or to enforce the decision of the Court in a specific dispute. The decision may be decree or order. In the Code of Civil Procedure you don’t need to go to an executing Court for execution of a decision of the Court because the accused is either convicted or acquitted. The crime is against society . That’s why victims need not do anything for execution. But in civil cases, a private person is the party of the case. The provisions of Execution is mentioned under Part II of Code of Civil Procedure read with order 21 of Code of Civil Procedure.

 

Execution Application

 

Generally, Execution Applications are in written form. There is an exception of General Rule as in money suits, oral arguments are also admissible for the execution of a case.

 

Executing Court

 

Under Section 38, Code of Civil Procedure, A party to the case needs to go to the executing Court for enforcement of the decision of the Court in the dispute but to whom he’ll chase?

So, the executing Court is the Court which passed the decree or order or the court to which the case is transferred.

 

Limitation Period

 

In Code of Civil Procedure, a Limitation period is provided to move an execution Application form the date of decree passed which is usually dependent upon the nature of the execution. In mandatory Injunction one needs to move an execution application within 3 years and 12 years in case of something other than mandatory Injunction which is mentioned under 135 and 136 of Indian Limitation Act, 1963.

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