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The Code of Civil Procedure, 1908: page 155

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 155, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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    8. Execution of decree or order by Court to which it is sent.—Where such copies are so filed, the
decree or order may, if the Court to which it is sent is the District Court, be executed by such Court or be
transferred for execution to any subordinate Court of competent jurisdiction.
    9. Execution by High Court of decree transferred by other Court.—Where the Court to which the
decree is sent for execution is a High Court, the decree shall be executed by such Court in the same
manner as if it had been passed by such Court in the exercise of its ordinary original civil jurisdiction.
                                                   Application for execution
    10. Application for execution.—Where the holder of a decree desires to execute it, he shall apply to
the Court which passed the decree or to the officer (if any) appointed in this behalf, or if the decree has
been sent under the provisions hereinbefore contained to another Court then to such Court or to the proper
officer thereof.
    11. Oral application.—(1) Where a decree is for the payment of money the Court may, on the oral
application of the decree-holder at the time of the passing of the decree, order immediate execution
thereof by the arrest of the judgment-debtor, prior to the preparation of a warrant if he is within the
precincts of the Court.
    (2) Written application.—Save as otherwise provided by sub-rule (1), every application for the
execution of a decree shall be in writing, signed and verified by the applicant or by some other person
proved to the satisfaction of the Court to be acquainted with the facts of the case, and shall contain in a
                                                                               e
tabular form the following particulars, namely:—
          (a) the number of the suit;
                                                                             od
          (b) the names of the parties;                              aC
          (c) the date of the decree;                           di
          (d) whether any appeal has been preferred from the decree;
                                                          In
        (e) whether any, and (if any) what, payment or other adjustment of the matter in controversy has
     been made between the parties subsequently to the decree;
         (f) whether any, and (if any) what, previous applications have been made for the execution of the
     decree, the dates of such applications and their results;
         (g) the amount with interest (if any) due upon the decree, or other relief granted thereby, together
     with particulars of any cross-decree, whether passed before or after the date of the decree sought to be
     executed;
          (h) the amount of the costs (if any) awarded;
          (i) the name of the person against whom execution of the decree is sought; and
          (j) the mode in which the assistance of the Court is required whether,—
               (i) by the delivery of any property specifically decreed;
               1
               [(ii) by the attachment, or by the attachment and sale, or by the sale without attachment, of
          any property;]
               (iii) by the arrest and detention in prison of any person;
               (iv) by the appointment of a receiver;
               (v) otherwise, as the nature of the relief granted may require.
    (3) The Court to which an application is made under sub-rule (2) may require the applicant to produce
a certified copy of the decree.
     2
     [11A. Application for arrest to state grounds.—Where an application is made for the arrest and
detention in prison of the judgment-debtor, it shall state, or be accompanied by an affidavit stating, the
grounds on which arrest is applied for.]


1. Subs. by Act 104 of 1976, s. 72, for sub-clause (ii) (w.e.f. 1-2-1977).
2. Ins. by s. 72, ibid. (w.e.f. 1-2-1977).

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