Execution Petition

The term “execution” is not defined in the CPC. The term “execution” means implementing or enforcing or giving effect to an order or a judgment passed by the court of justice. It simply means the process for enforcing the decree that is passed in favour of the decree-holder by a competent court. As per Rule 2 (e) of Civil Rules of Practice, “Execution Petition” means a petition to the Court for the execution of any decree or order.

In Which Court is an Execution Petition Filed?

Execution application can be filed in Court to which the local area was transferred. It is settled law that the Court which actually passed the decree does not lose its jurisdiction to execute it, by reason of the subject matter thereof being transferred subsequently to the jurisdiction of another Court.

Limitation Period for an Execution Petition

Article 136 of the Limitation Act lays down that the period of execution of any decree apart from a decree of mandatory injunction is 12 years, whereas for any 'application' for which no period is prescribed, the same shall be 3 years vide Article 137 of the Limitation Act.

What is an Execution Report?

An Execution Report refers to a report on the status of the execution of Order(s) and Transaction(s) sent by a Contracted Executing Broker to the Originating Broker through the System.

N. Medhiga Lakshmi
Final year
Saveetha School of Law