Rule 17 of CPC : Rule 17: Procedure on receiving application for execution of decree.

CPC

JavaScript did not load properly

Some content might be missing or broken. Please try disabling content blockers or use a different browser like Chrome, Safari or Firefox.

Explanation using Example

Example 1:

Scenario: Ramesh wins a civil lawsuit against Suresh, and the court issues a decree ordering Suresh to pay Ramesh ₹5,00,000. Ramesh files an application for the execution of this decree.

  1. Application Submission: Ramesh submits an application for execution under Rule 11, sub-rule (2).
  2. Court Review: The court reviews the application to ensure it complies with Rules 11 to 14. The court finds that Ramesh has not provided the correct details of the amount due.
  3. Opportunity to Correct: The court allows Ramesh to correct the defect immediately or within a specified time.
  4. Correction Made: Ramesh corrects the details and resubmits the application.
  5. Court Decision: The court provisionally decides the amount due as ₹5,00,000 and orders the execution of the decree.
  6. Register Entry: The court enters a note of the application and the date it was made in the proper register.
  7. Execution Order: The court orders the execution of the decree, ensuring that the value of the property attached corresponds to the amount due.

Example 2:

Scenario: Meena wins a civil lawsuit against Rajesh, and the court issues a decree ordering Rajesh to transfer ownership of a piece of land to Meena. Meena files an application for the execution of this decree.

  1. Application Submission: Meena submits an application for execution under Rule 11, sub-rule (2).
  2. Court Review: The court reviews the application to ensure it complies with Rules 11 to 14. The court finds that Meena has not provided the exact boundaries of the land.
  3. Opportunity to Correct: The court allows Meena to correct the defect immediately or within a specified time.
  4. Correction Made: Meena corrects the details and resubmits the application.
  5. Court Decision: The court provisionally decides the boundaries of the land and orders the execution of the decree.
  6. Register Entry: The court enters a note of the application and the date it was made in the proper register.
  7. Execution Order: The court orders the execution of the decree, ensuring that the land is transferred according to the corrected details.

Example 3:

Scenario: Anil wins a civil lawsuit against Sunil, and the court issues a decree ordering Sunil to pay Anil ₹2,00,000. Anil files an application for the execution of this decree, but there is an inaccuracy in the amount mentioned in the application.

  1. Application Submission: Anil submits an application for execution under Rule 11, sub-rule (2).
  2. Court Review: The court reviews the application and finds an inaccuracy in the amount mentioned.
  3. Provisional Decision: Instead of rejecting the application, the court provisionally decides the amount as ₹2,00,000 and orders the execution of the decree.
  4. Register Entry: The court enters a note of the application and the date it was made in the proper register.
  5. Execution Order: The court orders the execution of the decree for the provisionally decided amount, allowing the parties to have the amount finally decided in the course of the proceedings.

Example 4:

Scenario: Priya wins a civil lawsuit against Karan, and the court issues a decree ordering Karan to vacate a property and hand it over to Priya. Priya files an application for the execution of this decree.

  1. Application Submission: Priya submits an application for execution under Rule 11, sub-rule (2).
  2. Court Review: The court reviews the application to ensure it complies with Rules 11 to 14. The court finds that Priya has not provided the exact address of the property.
  3. Opportunity to Correct: The court allows Priya to correct the defect immediately or within a specified time.
  4. Correction Made: Priya corrects the details and resubmits the application.
  5. Court Decision: The court provisionally decides the address of the property and orders the execution of the decree.
  6. Register Entry: The court enters a note of the application and the date it was made in the proper register.
  7. Execution Order: The court orders the execution of the decree, ensuring that Karan vacates the property and hands it over to Priya according to the corrected details.