Enforcement of a Civil Decree in the same Civil Court that passed said decree by filing an execution petition is always easy because the executing Court duly recognizes the said Decree. However, in the situation when Defendant/Judgment-Debtor does not have any movable or immovable property in the territorial jurisdiction of said Civil Court and in order to make effective enforcement of the decree, we have to file an execution petition in the Court of Jurisdiction where Defendant/Judgment-Debtor has any movable or immovable property. However, such executing Court may be in another District or sometimes in another State of India too. There is a little different and complicated procedure for filing an execution petition in another Civil Court which we are going to discuss herein.
The procedure for executing a civil decree passed by a civil court in another state in India is governed by the Code of Civil Procedure (CPC), specifically Order 41, Rule 27.
Step-by-step procedure for filing the execution petition
The step-by-step procedure for the execution of a civil decree passed by a civil court in another state in India, under the Code of Civil Procedure (CPC), is as follows:
Obtain a certified copy of the decree from the court that issued it.
File a petition for “letters of execution” in the court where the judgment was issued. The petition should include a copy of the decree, proof that it has become final and binding, and details of the assets or person you are seeking to enforce the judgment against.
The Decree-Holding Court will verify the authenticity of the Judgment/Decree and issue the letters of execution.
The Decree-Holding Court will further forward the certified copy of said Judgment/Decree to the desired Civil Court where the Decree-Holder with to execute said Judgment/Decree. Once the decree has been transmitted, the court where you filed it will treat it as if it were a decree passed by that Court.
File the letters of execution in the court where you wish to enforce the judgment, known as the “Executing Court.”
The executing court will then recognize the judgment and allow you to take steps to enforce it, such as by garnishing wages or seizing assets.
If the judgment debtor raises any objections to the execution of the judgment, the executing court will hear and decide on these objections.
If the judgment Debtor does not comply with the execution of the judgment, the executing court can take necessary steps to enforce the judgment, such as by attaching the assets of the judgment debtor.
If the Judgment Debtor still fails to comply, the executing court may issue a warrant of arrest against the judgment debtor and may direct imprisonment till the decree is satisfied.
Discussion of important and relevant Case Laws of Hon’ble Apex Court
The Code of Civil Procedure (CPC) provides the legal framework for executing civil decrees passed by courts in India, including those passed by courts in other states. The Supreme Court of India has provided guidance on the procedure for executing such decrees in a number of cases. Here we are discussing few key cases that provide insight into the legal principles and procedures for executing a civil decree passed by a civil court in another state in India:
In the case of “Saraf Ali Khan v. Mst. Nizam Unnissa Begum” (AIR 1965 SC 907), the Supreme Court held that the letters of execution should be issued by the court in which the decree was passed and that the court in which the execution is sought should recognize and enforce the decree as if it were its own. This means that the court where the execution is sought should not question the validity of the decree passed by another court but should proceed with the execution of the same as if it is passed by its own court.
In “S.S. Dhanoa v. Smt. Santosh Dhanoa” (1989 SCC (1) 696), the Supreme Court held that the court in which execution is sought should not go into the merits of the case, but should only consider whether the decree is enforceable and whether the party seeking execution has complied with the formalities required by law. This means that the court where the execution is sought should not re-examine the facts and evidence of the case but should focus on the validity and enforceability of the decree.
In “Roop Lal v. Shanti Devi” (AIR 2001 SC 2267), the Supreme Court held that the court executing the decree should not refuse execution on the ground that the decree is time-barred unless the party against whom execution is sought raises the issue and proves that the decree is time-barred. This means that the court where the execution is sought should not raise the issue of limitation on its own and should only consider it if the party against whom the execution is sought raises it.
In “G.N. Ratnaparkhi v. G.S. Ratnaparkhi” (2002 (4) SCC 612), the Supreme Court held that if the party against whom execution is sought raises the issue of limitation, the court executing the decree should determine whether the decree is time-barred and whether any condonation of delay has been granted by the court that passed the decree. This means that if the party against whom the execution is sought raises the issue of limitation, the court should carefully examine whether the decree is time-barred and whether any extension of time has been granted by the court that passed the decree.
K.K. Modi v. K.N. Modi (2003) – The Supreme Court held that a decree passed by a court in one state can be executed in another state by following the procedure laid down in Order 41, Rule 27 of the CPC.
State of U.P. v. Singhara Singh (2008) – The Supreme Court held that when a decree is passed by a court in one state and is sought to be executed in another state, the court in which execution is sought has the jurisdiction to decide all questions arising in execution, discharge or satisfaction of the decree.
Discussion of relevant sections of the Code of Civil Procedure 1908
Order 41, Rule 27: This rule provides for the procedure for the execution of decrees passed by courts in other territories. It states that a decree passed by a court in one territory may be executed in another territory in accordance with the law in force in the latter territory.
Section 47: This section lays out the powers of the court executing the decree. It states that the court executing a decree shall, so far as may be, apply the same remedies as are provided by the Code for the execution of decrees passed by itself.
Section 48: This section provides for the recognition of decrees passed by courts in other territories. It states that a decree passed by a court in any territory shall, if it is not appealable, be executed in any other territory in accordance with the provisions of the Code.
Section 51: This section lays out the procedure for the execution of decrees passed by courts in reciprocating territories. It states that a decree passed by a court in any reciprocating territory may be executed in India in accordance with the provisions of the Code.
Section 52: This section lays out the procedure for the execution of decrees passed by courts in foreign countries. It states that a decree passed by a court in any foreign country may be executed in India in accordance with the provisions of the Code if the country in which the decree was passed is a reciprocating territory
SUMMARY
The execution of a judgment in another district or state in India is governed by the Code of Civil Procedure (CPC) and involves the transfer of the decree or order from the court that issued it to the court in the other district or state where the execution is to be carried out. The process involves filing a certified copy of the decree or order with the executing court, which then takes necessary steps to enforce it, such as attaching the properties of the judgment debtor or ordering the arrest of the judgment debtor in case of non-payment of debts. The CPC provides for the appointment of an executing court in the district where the judgment debtor resides or where the assets are located. The execution process can be lengthy and involve several legal challenges, but ultimately it aims to ensure that the judgment is carried out effectively.