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1.

GENERAL

EXECUTION is the enforcement of a decree by a judicial process which enables the decree-holder to realise the fruits of the decree passed by a competent court in his favour. All proceedings in execution commence with the filing of an application for execution. Such application should be made to the court which passed the decree or, where the decree has been transferred to another court, to that court.1 Rules 10-25 and 105106 of Order 21 deal with execution applications.
2. WHO MAY APPLY?: RULE 10

The following persons may file an application for execution: (/) Decree-holder.2 (zz) Legal representative of the decree-holder, if the decree-holder is dead.3 (tit) Representative of the decree-holder.4
i Desk Bandhu Gupta v. N.L. Anand, (1994) 1 SCC 131; State of Rnjnsrtnn v. Rusiflnr/i Savkasha, AIR 1972 Guj 179; GhulaiuNabi v. y, AIR 1983 J&K 67; 1982 Kash LJ 423. 2 R 10 S.146; see also Rn, M,,i Devi v. ft* ft* AIR 1987 HP1; M, (1999) 3 SCC 644: AIR 1999 SC 1694; Jugottistorc v. ftra Coi/oa Co. LUI., AIR 1955 5C

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IV

376:1955 SCR 1369. 4 S. 146; see also ibid.

Any person claiming under the decree holder soc EXECUTION Transferee of the decree-holder, if the following comfition* are satisfied*: (o) the decree must have been wfwtfd t*y in writing or by on14ration of hm (h) the application forexPcnt on "e<f have I'evn math >' th-court which parsed the decree (c) notice and opportunitv of hearing rno*d have Me'" o' 1 * 1 to the transferor and the judgment debtor to v'f *,r ,' signment by transfer. The provision of giving a notice is mandatorv and in the a1 1 - it, all the proceedings in the execution would he vou issuing a notice is to determine once anti tor ad and in the pie-win. ' ' the parties concerned the validity or otherwise of the assignment transfer. 8 (ri) One or more of the joint decree-holders. puwideJ ' he follow ing conditions are fulfilled: 8 (a) the decree should not have imposed anv condition to 1 h contrarv; (h) the application must have been made for the execution of the whole decree: and (c) the application must have been for the henelil of all tic j o i n t d ecree- hoi d ers; (r;f) Any person bas ing special interest. In the case of a decree in a representative suit, a person repf esunha I in such suit may apple for execution, even if he is not on record, , f 1 A ical beneficiary may also maintain an execution application. 1 1 In a p a r t i tionsuit, the defendant is also a decree-holder to the extent of his s h a r e and can file an application for execution.1"' A receiver appointed In a court may apply for execution on behalf of the decree holder , 1 * An insolvent may make such an application before he is adjudicated an

* S. 146. see also R.zrn Murfi Den v. RaHa Riu% AIR 1987 HP L {ibid l ^ S**0 -1 R* 16: see also Plum Ram v. Lola Sri R,mt (1980) 2 t*X 162 AIR 1VW si ' 157, P.:.;n.;?r.:h:.rM PiAu v. SuUman Kumu, AIR 1987 Ker 125. See r:rrj, Notice against execution'. Brnj.;br.<.u v. Afanii Chan Jr t, AIR 1^27 Cat 694; Ranmpit v nfUwRmw. | p| j 4>4. R. 15.
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Satyendra Santtn v. VVahiJuddin Kh.in, AIR 1940 Pat 47-7, Chunilal v. MulchnnJ, AIR 1923 Bom 23; (1923) 46 Horn 937 n ftignlkishcre v. Rmr Cotton Co. Ltd.. AIR W55 SC 376; 1955 SC R t V*
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IV

Any person claiming under the decree-holderP (t?) Transferee of the decree-holder, if the following conditions are satisfied6: () the decree must have been transferred by an assignment in writing or by operation of law; (b) the application for execution must have been made to the court which passed the decree; (c) notice and opportunity of hearing must have been given to the transferor and the judgment-debtor in case of assignment by transfer. The provision of giving a notice is mandatory and in the absence of it, all the proceedings in the execution would be void.7 The object of issuing a nonce is to determine once and for all and in the presence of me pa. des concerned the validity or otherwise of the assignment or 6 transfer.5 (vr> One or more of the joint decree-holders, provided the follow- mg conditions are fulfilled:9 () the decree should not have imnnopH _
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