Rule 11 of CPC : Rule 11: Oral application.

Explanation using Example

Example 1:

Scenario: Ramesh wins a lawsuit against Suresh for a debt of ₹5,00,000.

Application of Rule 11:

• Oral Application: At the time the court passes the decree in favor of Ramesh, Ramesh makes an oral application to the judge requesting immediate execution of the decree. The judge orders the arrest of Suresh, who is present in the court, to ensure he does not evade payment.
• Written Application: If Ramesh did not make an oral application at the time of the decree, he would need to file a written application for execution. This application would include:
  • The number of the suit: 123/2023
  • The names of the parties: Ramesh (Decree-holder) vs. Suresh (Judgment-debtor)
  • The date of the decree: 1st October 2023
  • Whether any appeal has been preferred: No
  • Any payment or adjustment made after the decree: None
  • Previous applications for execution: None
  • The amount due: ₹5,00,000 with 6% interest per annum
  • The amount of costs awarded: ₹10,000
  • The name of the person against whom execution is sought: Suresh
  • The mode of assistance required: By the arrest and detention in prison of Suresh

Example 2:

Scenario: Meena wins a property dispute against her neighbor, Rajesh, and the court decrees that Rajesh must vacate the disputed property and hand it over to Meena.

Application of Rule 11:

• Oral Application: At the time the court passes the decree, Meena makes an oral application requesting immediate execution. The judge orders the court officers to ensure Rajesh vacates the property immediately.
• Written Application: If Meena did not make an oral application, she would need to file a written application for execution. This application would include:
  • The number of the suit: 456/2023
  • The names of the parties: Meena (Decree-holder) vs. Rajesh (Judgment-debtor)
  • The date of the decree: 15th October 2023
  • Whether any appeal has been preferred: No
  • Any payment or adjustment made after the decree: None
  • Previous applications for execution: None
  • The relief granted: Delivery of the disputed property to Meena
  • The amount of costs awarded: ₹15,000
  • The name of the person against whom execution is sought: Rajesh
  • The mode of assistance required: By the delivery of the property specifically decreed

In both examples, the court may require Ramesh or Meena to produce a certified copy of the decree as part of their written application.