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Leading case law on execution of Decree

 

All processes and proceedings in aid to or supplemental to execution would come within the meaning of the word "execution"

 

 The word "execution" in s. 15(1) embraces all the appropriate means by which a decree is enforced. It includes all processes and proceedings in aid of, or supplemental to execution. [814B]
2. There is no rational basis for adopting a narrow and restricted construction on a beneficient provision like s. 15(1). There is no reason why s. 15 (1) should be given a restricted meaning as allowing the benefit to a decree- holder where there is a complete or absolute stay of execution and not a partial stay i.e. a stay which makes the degree altogether inexecutable. [814C]
3. Stay of any process of execution is stay of execution within the meaning of s. 15 (1). Where an injunction or order has prevented the decree-holder from executing the decree, then irrespective of the particular stage of execution, or the particular property against which, or the particular judgment debtor against whom, execution was stayed, the effect of such injunction or order is to prolong the life of the decree itself by the period during which the injunction or order remained in force [814D-E]


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