Application of execution of decree comes under order 27 rule 11 of the Civil Procedure Code. Let’s discuss how the application of execution of decree format made-
- Decree before made up- Sometimes a decree may be passed by the court verbally before it is formally written in the document.
- Execution application- the decree-holder has to apply for the execution in court before it is formally written in documents.
- Content of application- the execution of the decree application should contain details like; names and addresses of the decree-holder, judgment debtor, and the relief granted.
- Verification- the execution application should be verified by the decree-holder or some authorized person.
- Fee of filling- court fee should be paid for the application at the prescribed rates.
- Direction by court- the court has the right to allow or refuse the application based on the case. on the circumstances of the case, the court can refuse the application accordingly.
This rule of application of decree of execution helps the decree-holder to get the execution proceeding before the decree is formally written. This rule provides the parties to obtain relief from the court. They ensure that the decree is enforced effectively that has been passed by the court.
Related case
Charan sharan khemka vs. Achint Chemicals And Anr. 27 july, 2004
Under this case the petitioner filed an application under order 21 rule 11 CPC the court held that this arbitration award on dated 14.06.1996 does not contain the substances of a decree which is defined under the Code of Civil Procedure because no essential ingredients has been satisfied in the order to give the position of decree so it is not executable. Hence the execution application was not maintainable under order 27 rule 11 of CPC and it is dismissed by the court.
Here is the format to file the application
APPLICATION FOR EXECUTION OF DECREE Order
