Execution Petition

IN THE [court_name] EXECUTION PETITION NO. ________ OF 20____ IN SUIT/CASE NO. [original_case_number] IN THE MATTER OF: [decree_holder] [decree_holder_address] ... DECREE HOLDER VERSUS [judgment_debtor] [judgment_debtor_address] ... JUDGMENT DEBTOR PETITION UNDER SECTION 51 READ WITH ORDER XXI OF THE CODE OF CIVIL PROCEDURE, 1908 FOR EXECUTION OF DECREE MOST RESPECTFULLY SHOWETH: 1. THE DECREE 1.1 This Hon'ble Court was pleased to pass a decree dated [decree_date] in Suit/Case No. [original_case_number] in favour of the Decree Holder and against the Judgment Debtor. A certified copy of the decree is filed with this petition. 1.2 The decree directed as follows: [decree_terms] 2. THAT THE DECREE REMAINS UNSATISFIED 2.1 The decretal amount is Rs. [decretal_amount], together with interest and costs as awarded. 2.2 Amount realised to date: [amount_realised] 2.3 The Judgment Debtor has failed and neglected to satisfy the decree, despite the Decree Holder's demands, and the decree remains wholly or substantially unsatisfied. 3. NO APPEAL OR STAY 3.1 The decree has attained finality. No appeal has been preferred against it, or where an appeal has been preferred, no stay of execution has been granted. 3.2 There is no legal impediment to the execution of the decree. 4. MODE OF EXECUTION SOUGHT The Decree Holder seeks execution in the following manner: [mode_of_execution] Section 51 of the Code of Civil Procedure, 1908 empowers the Court to order execution by delivery of any property specifically decreed, by attachment and sale of property, by arrest and detention in prison subject to the conditions in the proviso, by appointing a receiver, or in such other manner as the nature of the relief requires. 5. PROPERTY SOUGHT TO BE ATTACHED [property_details] The Decree Holder states that the said property belongs to the Judgment Debtor, is not exempt from attachment under Section 60 of the Code, and is sufficient to satisfy the decree. 6. LIMITATION The present petition is filed within TWELVE YEARS of the date of the decree, as prescribed by Article 136 of the Limitation Act, 1963, and is therefore within time. 7. JURISDICTION This Hon'ble Court passed the decree and is the Court competent to execute it. In the alternative, the decree has been transferred to this Hon'ble Court for execution, the Judgment Debtor residing or holding property within its jurisdiction. 8. That this petition is made bona fide and in the interests of justice. PRAYER It is therefore most respectfully prayed that this Hon'ble Court may be pleased to: (a) Order execution of the decree dated [decree_date] in the manner set out above; (b) Issue notice to the Judgment Debtor to show cause why the decree should not be executed; (c) Direct attachment and sale of the property described above, and appropriate the sale proceeds towards satisfaction of the decree; (d) Award the costs of this execution petition; and (e) Pass such other orders as this Hon'ble Court may deem just and proper. AND FOR THIS ACT OF KINDNESS, THE DECREE HOLDER SHALL EVER PRAY. Place: ______________ Date: [filing_date] [decree_holder] DECREE HOLDER Through ______________________ ADVOCATE NOTES ON EXECUTION - LIMITATION: Article 136 of the Limitation Act, 1963 allows TWELVE YEARS from the date the decree becomes enforceable. This is the longest limitation period in the Act, but it is absolute — a decree not executed within it becomes a dead letter, and the successful litigant is left with a judgment that cannot be enforced. - ARREST AND DETENTION is available only in the limited circumstances set out in the proviso to Section 51, and requires the court to record reasons for being satisfied that the judgment debtor has the means to pay and has refused or neglected to do so. Inability to pay is not a ground for detention. - EXEMPT PROPERTY: Section 60 of the Code exempts specified property from attachment, including necessary wearing apparel, cooking vessels, tools of an artisan, and a portion of salary. An attachment sought over exempt property will be refused. - Where the judgment debtor resides or holds property outside the jurisdiction of the court that passed the decree, that court may TRANSFER the decree for execution under Section 39.