TYPES OF DECREES
There
are money decrees, decrees for Specific performance of the contract, decrees
for mandatory injunction and permanent injunction decrees for restitution of
conjugal rights in case of Muslims, decrees
in partition suits, decrees for possession etc.
Decree
can be executed by the Court which has passed the decree or the Court to which
a decree is transferred( See Ss. 36 and 39 of CPC).
The
Court has to see whether the decree sought to be executed is in time i.e., 12
years is the time to file an execution petition from the date of decree. If installments are granted with default
clause, the time till default will have to
be excluded while computing 12 years. The Court has to register it by
giving number. Execution EP 1/08. If the Execution Petition is within 2 years,
steps like attachment of property and salary can be ordered straight away. If the Execution petition is filed more than
2 years from the date of decree, a show cause notice as to why the execution of
decree should not be ordered ( See Order 21 Rule 22 CPC) in respect of decree
for mandatory injunction 3 years is the limitation (See Article 135 of the Limitation
Act. In respect of execution of decree
for permanent injunction, there is no limitation (See Art. 136 of Limitation
Act)
Sources: Judicial Exam Notes
Sources: Judicial Exam Notes
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