After the decree holder files an application for an execution order, the executing court can enforce execution. The decree may be enforced by

1.      delivery of the property specified in the decree

2.      attachment and sale

3.      sale without attachment of the property

4.      by arrest and detention in civil prison

5.      any such manner as the nature of the relief requires

Powers of the court to enforce execution

Section 38 of the Act defines the jurisdiction and powers of the court to enforce execution. The manner of execution of a decree is laid down under the rules in Order 22.

Section 38 sets out in general terms the various modes in which the court may order execution. Usually the decree holder will have to decide which of the several modes they will execute. The mode they select will be subject to limitations and conditions prescribed in the rules.

Execution depends on the subject matter. In the case of movable property, for example, normally you will execute by delivering to the person it has been granted, and therefore it will be executed by seizing and delivering that property. Suppose the judgment debtor refuses to release that property: you can have them arrested.

Sometimes you can merely attach the property, e.g. a vehicle by notifying the Registrar of Motor Vehicles. This power can only be used where the property is under the possession of the judgment debtor or his agent.

What about immovable property? Usually you can execute by removing the judgment debtor from that property and putting the decree holder in possession.

Sometimes delivery of property can be symbolic. It does not always have to be physical and actual possession.

For both movable and immovable property, you can attach and sell, where the execution order empowers the decree holder the power to attach and sell the property. An order allowing attachment is different from an order of sale, unless you apply for both at the same time.
The Civil Procedure Rules provides the manner in which a sale can be conducted. Once a property has been attached it cannot be transferred. It becomes property of the court. Such transfer would be void if it is done. It becomes property of the court, until it is sold. And how do you attach? By attaching a prohibition order at the Registrar of Titles or Registrar of Motor Vehicles, etc.


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