Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Balaji Bakthavathsal (+919444448455)     09 September 2021

Filing ep after the judgment/decree

After the judgment/Decree of the court, it is necessary to file Execution Petition for its implementation. But what is the purpose or necessity of it ? Doesn’t tantamount to shear waste of litigant’s time & money as well as that of the court ?



Learning

 1 Replies

Kevin Moses Paul   09 September 2021

As per Rule 2 (e) of Civil Rules of Practice “Execution Petition” means a petition to the Court for the execution of any decree or order. It simply means the process for enforcing the decree that is passed in favour of the decree-holder by a competent court.

Once a decree or judgment is passed by the court, it is the obligation of the person against whom the judgment is passed (judgment-debtor), to give effect to the decree so as to enable the decree-holder to enjoy the benefits of the judgment. Execution basically implies giving effect to an order or judgment of a court of justice.
In general terms, the term “execution” means enforcement or implementation or giving an effect to the order or judgment passed by the court of justice.
An execution is said to be complete when the judgment-creditor or decree-holder gets money or other thing awarded to him by the judgment, decree or order.

Henceforth, it is mandatory to file for an execution after a decree is passed within the time frame as prescribed in Order 21 CPC. Order 21 of the Code of Civil Procedure deals with the solemn act of execution of the decrees passed by the Courts from grassroots to the top.


Hope It Helps!

Regards,
Kevin M. Paul

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