Description

Schedule 2 of the Civil Procedure Code (CPC) deals with the procedure for the enforcement of decrees and the execution of civil judgments. It provides a detailed set of rules and guidelines for the process of enforcing court orders, ensuring that the winning party in a lawsuit can obtain the relief granted by the court in the form of monetary or non-monetary awards.

Purpose of Schedule 2:

The purpose of Schedule 2 is to outline the execution process for decrees and orders passed by civil courts. It specifies how the decree holder (the party in whose favor the decree has been passed) can enforce the decree and take actions to recover money or property or ensure that the losing party complies with the judgment.

The execution of decrees involves several legal actions that may include the attachment of property, sale of property, arrest of the judgment debtor, or other methods as provided under the CPC. This schedule plays a crucial role in ensuring that civil judgments are not just symbolic but are actually implemented.

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Key Provisions and Details of Schedule 2:

1. Procedure for Execution of Decrees:

Schedule 2 lays out the procedure for executing civil decrees, specifying how the decree-holder can apply to the court to enforce a judgment. Some key aspects of the execution procedure include:

1. Execution Application (Order 21 Rule 10):

   • The decree-holder must file an application for execution of the decree in the court that passed the judgment.
   • The application must include the details of the decree, the amount or property that needs to be enforced, and the method of enforcement.

2. Modes of Execution (Order 21 Rules 11 to 43):

   • Attachment and Sale of Property: One of the most common methods for enforcing a decree, especially in cases involving monetary judgments, is the attachment of the debtor’s property, followed by its sale.
   • Arrest and Detention: If a judgment debtor is unable to pay the debt, they may be arrested and detained until the debt is paid.
   • Delivery of Possession: In cases where property is awarded, the decree-holder may be entitled to the delivery of possession of immovable property.
   • Execution by Appointment of a Receiver: In some cases, the court may appoint a receiver to manage the debtor's property or assets until the judgment is executed.

3. Objections to Execution (Order 21 Rule 58):

   • Any third party that claims ownership or interest in the attached property may object to the execution by filing an application with the court.
   • The court will then hold an inquiry to determine the validity of the claim.

2. Limitations on Execution:

Schedule 2 also outlines certain limitations on the execution of decrees. Some key aspects include:

1. Time Limit for Execution (Order 21 Rule 22):

   • A decree must generally be executed within 12 years from the date of the judgment.
   • However, certain circumstances, such as the judgment debtor’s absence, may affect the limitation period.

2. Stay of Execution (Order 21 Rule 26):

   • If the judgment debtor applies for a stay of execution, the court may grant a stay temporarily under certain conditions (e.g., if the debtor is appealing the judgment).
   • The court may also issue a temporary injunction to prevent the execution of the decree.

3. Appointment of Receiver (Order 21 Rule 12):

• A court may appoint a receiver to manage the property of the judgment debtor during the period of execution, especially if there is a risk of property being wasted or disposed of inappropriately.

4. Execution of Decrees for Specific Relief (Order 21 Rule 30-37):

• For non-monetary decrees, such as those for the specific performance of contracts or injunctions, the execution may involve orders for the delivery of specific goods or the fulfillment of contractual obligations.

5. Powers of the Court in Execution (Order 21 Rule 58-74):

• The court has broad powers during execution proceedings, including issuing orders for the attachment of property, ordering the sale of property, issuing warrants for arrest, and dealing with any objections raised by third parties.

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Forms in Schedule 2:

The forms in Schedule 2 provide the procedural documentation required for the execution of a decree.

1. Form No. 1 - Application for Execution of a Decree:

   • This form is used by the decree-holder to apply for the execution of a decree in the prescribed manner.

   Example: "The decree-holder requests the court to issue a warrant of attachment for the property of the judgment debtor as per the decree passed on [date]."

2. Form No. 2 - Warrant of Attachment:

   • This form is used to request the court to issue a warrant for the attachment of the judgment debtor's property in order to satisfy the decree.

   Example: "This warrant orders the attachment of the movable property of [judgment debtor name] as per the decree passed on [date]."

3. Form No. 3 - Warrant of Arrest:

   • This form is used when the judgment debtor fails to pay the decree amount, and the court orders their arrest for non-payment.

4. Form No. 4 - Notice to Show Cause:

   • This form is issued when a third party objects to the attachment of property during the execution process, and they are required to show cause why the attachment should not stand.

5. Form No. 5 - Warrant for the Delivery of Possession:

   • This form is issued when the decree includes the delivery of possession of immovable property.

Punishment

1. Failure to Comply with Court Orders:

   • If the judgment debtor does not comply with the court’s execution order, the court can take strong enforcement actions, including attachment, sale, and even arrest.
   • Non-compliance may lead to contempt of court charges, resulting in fines or imprisonment.

2. Obstruction of Execution:

   • Any party that obstructs or hinders the execution process may face penalties or additional orders for contempt.

3. Insolvency of Judgment Debtor:

   • If the debtor is unable to pay due to insolvency, the court may provide alternative relief, such as allowing the debtor to settle the debt in installments or order a stay of execution.