Civil

Execution Petition under Order XXI Rule 11 CPC

An execution petition is the formal application by a decree-holder to enforce a judgment and decree against the judgment-debtor. It initiates the execution proceedings by placing the decree before the Executing Court and specifying the mode of enforcement sought.

This petition is filed under Section 51 read with Order XXI Rule 11 of the Code of Civil Procedure, 1908. It must be accompanied by a certified copy of the decree and sets out the ten mandatory particulars required by sub-rule (2) of Rule 11.

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Governing law
CPC 1908 — s.51 r/w Order XXI Rule 11
Sections
s. 51s. Order XXI Rule 11
Filed before
Executing Court

When this is the right filing

  • When the decree-holder seeks to enforce a money decree through attachment and sale of the judgment-debtor's property.
  • When the decree-holder seeks delivery of possession of immovable property under the decree.
  • When the decree-holder seeks arrest and detention of the judgment-debtor in a money decree, subject to a means inquiry.
  • When the decree is being executed by a transferee court and a non-satisfaction certificate and transfer order must be annexed.
  • Do not use this petition if the decree has not yet been drawn up or if a certified copy of the decree is unavailable, as it is a mandatory enclosure.

What the court looks for

  • A certified copy of the decree must be annexed to the application as required by Order XXI Rule 11(3) CPC.
  • The ten mandatory particulars under Order XXI Rule 11(2)(a) to (j) must be stated, including the mode of execution sought.
  • The description of the property in the schedule must match the particularity required for a sale proclamation, including boundaries, area, and municipal numbers.
  • The petition must confirm the decree is still enforceable and within the limitation period.
  • Where the executing court is not the court that passed the decree, the transfer order and non-satisfaction certificate must be attached.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Facts
  2. 2Particulars required under order xxi rule 11(2) cpc
  3. 3Grounds
  4. 4Schedule of property
  5. 5Prayer
  6. 6Affidavit in support
  7. 7Index / annexures
How it opens
APPLICATION UNDER SECTION 51 READ WITH ORDER XXI RULE 11 OF THE CODE OF CIVIL PROCEDURE, 1908, FOR EXECUTION OF THE DECREE / ORDER DATED [decree date] PASSED IN [suit no] BY [decreeing court].

Bracketed items are filled from your case.

Frequently asked questions

What are the mandatory ten particulars required in an execution petition?

Order XXI Rule 11(2)(a) to (j) CPC lists the ten mandatory particulars. They include the decree-holder's name, judgment-debtor's name, the amount due, the mode of execution sought, and whether any previous execution applications were made, among others. These must be pleaded as a numbered list in the petition.

Can I file an execution petition in a court different from the one that passed the decree?

Yes. Under Section 39 CPC, a decree may be transferred for execution to another court. In such a case, the execution petition must annex the transfer order and a non-satisfaction certificate from the original court, confirming the decree remains unsatisfied.

When should the Schedule of Property be included in the petition?

The Schedule of Property is required only when the mode of execution sought is attachment and sale of property or delivery of possession. It must describe the property with the same particularity as a sale proclamation under Order XXI Rule 66 CPC, including boundaries, area, and revenue or municipal numbers.

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