A decree (Section 2(2), CPC) is the formal expression of a court's adjudication conclusively determining the rights of the parties, for example that the defendant must pay ₹X with interest and costs. Execution (Sections 36 to 74 and Order XXI, CPC) is the process by which the decree holder enforces it against the judgment debtor through modes listed in Section 51: delivery of property, attachment and sale of property, arrest and detention in civil prison, appointment of a receiver, or any other manner the court directs. An execution petition can be filed within 12 years of the decree.
How execution works in India
- Obtain a certified copy of the decree (or award) and file an execution petition under Order XXI Rule 11 stating the amount due and the mode of execution sought.
- The court issues notice to the judgment debtor (in most cases) and may require it to disclose assets on affidavit (Order XXI Rule 41).
- Attachment: bank accounts and receivables through garnishee orders (Rules 46 to 46I), movable property (Rule 43), immovable property (Rule 54).
- Sale of attached property by public auction (Rules 64 to 94) if the debtor still does not pay.
- Arrest and detention in civil prison (Sections 55 to 59) where the debtor has means but refuses to pay; detention is limited and subject to safeguards.
Why it matters for getting paid
A decree or award against a buyer who does not pay voluntarily is worth only what execution can reach. The fastest asset is usually a bank account, attached through a garnishee order; receivables from the buyer's own customers and immovable property follow. Knowing the buyer's bankers and assets early (from cheques, GST filings and MCA charges) makes execution quick. See also attachment of property and arbitral award enforcement.
How FundRaksha uses it
FundRaksha's advocates build the execution file during the main case: bank details from cheques and payments, GST and MCA data, known customers of the buyer. When the decree or award comes, the execution petition and garnishee application are filed without delay. The 30% fee is charged only when money is actually received, so FundRaksha's interest in effective execution is the same as the client's.
Worked example (hypothetical)
A Delhi electrical supplier obtains a decree on 1 February for ₹9,00,000 with interest at 9% from the date of suit (1 February of the previous year) until payment, plus ₹60,000 costs. The buyer does not pay. On 1 April the supplier files an execution petition: principal ₹9,00,000, interest for 14 months at 9% simple about ₹94,500, costs ₹60,000, total about ₹10,54,500. A garnishee notice is issued to the buyer's bank, which freezes ₹10,54,500 in the current account. The buyer pays within ten days to restore its banking operations.
Last reviewed: 2026-10-08. Information for Indian businesses; not legal advice.