Execution petition format under Order XXI CPC
An execution petition asks the court to enforce a decree or order, for example by attachment and sale of the judgment-debtor’s property or delivery of possession. It is filed under Order XXI CPC, within 12 years from when the decree becomes enforceable (Article 136, Limitation Act, 1963).
Key points
- Execution: Section 51 and Order XXI CPC; the application must contain the particulars in Order XXI Rule 11.
- Limitation: 12 years (Article 136), except decrees for a perpetual injunction.
- Execution can be transferred to another court where the property is (Section 39 CPC).
The law: old and new provisions
| Subject | Law now | Before 1 July 2024 |
|---|---|---|
| Execution of decrees | Order XXI CPC | — |
Which court or authority
The court that passed the decree, or the court to which it is transferred.
What the document should contain
- Particulars of the decree
- Amount due or relief to be enforced
- Mode of execution sought
- Property details for attachment
Documents to attach
- Certified copy of the decree
- Details of the judgment-debtor’s property
Procedure
- File in the prescribed tabular form
- Notice under Order XXI Rule 22 where required
- Attachment, sale or delivery as ordered
Common mistakes
- Not giving property particulars for attachment
- Filing after 12 years
Frequently asked questions
What is the limitation for execution of a decree?
Twelve years from the date the decree becomes enforceable (Article 136 of the Limitation Act, 1963).