You won your money-recovery suit, the court passed a decree in your favour, and the other side still refuses to pay. The judgment is not self-enforcing. You now file an execution petition under Order 21 of the Civil Procedure Code, and the same court can attach the debtor's salary, freeze the bank account, or auction property to recover what you are owed.
Quick answer: A money decree is enforced by filing an execution petition under Order 21 of the Code of Civil Procedure 1908. The court can attach and sell the judgment debtor's property, issue a garnishee order on the bank, attach part of the salary, or in some cases order arrest. You have up to 12 years to execute the decree.
Execution is the legal process that turns a paper judgment into actual recovery. When a civil court passes a money decree and the losing party (the judgment debtor) does not pay, the winning party (the decree holder) asks the court to use its coercive powers, such as attachment, sale, or arrest, to enforce payment. Order 21 of the Civil Procedure Code governs this stage.
The governing law is the Code of Civil Procedure 1908, mainly Section 51 and Order 21. The execution petition is filed before the court that passed the decree, or before another court to which the decree is transferred for execution under Section 39. The decree holder chooses the mode of recovery, and the court can use one or more of these:
Time limit: Under Article 136 of the Limitation Act 1963, you have 12 years from the date the decree becomes enforceable to execute it, so do not sit on a decree.
RTI angle: When the judgment debtor is a government department, a public sector body, or a contractor paid by the State, an RTI can locate attachable assets and dues. You can ask a public authority for pending bills payable to the debtor, contract payments, or property records, which then become the target of a garnishee or attachment order.
Real-life example: Sunita Verma of Pune won a recovery suit for ₹3.2 lakh against a former business partner who then refused to pay. She filed an execution petition under Order 21, naming his salary account. The court issued a garnishee order on his bank under Rule 46 and froze the balance, and attached part of his salary under Rule 48. The bank deposited the available balance into court, and the salary attachment cleared the rest over the following months. Her main cost was the court fee on the execution petition.
File an execution petition under Order 21 of the Civil Procedure Code before the court that passed the decree. The court can attach and sell property, freeze the bank account through a garnishee order, or attach part of the salary to recover your money.
Yes. Under Order 21 Rule 46 the court can pass a garnishee order directing the bank to pay the attached amount into court instead of to the debtor. You must give the bank and branch details in your petition.
Arrest and detention under Section 51 and Order 21 Rules 37 to 40 is possible, but only where the debtor has the means to pay and wilfully refuses. Courts do not order arrest for genuine inability to pay.
Under Article 136 of the Limitation Act 1963 you have 12 years from the date the decree becomes enforceable. After that, execution is generally barred, so act well within time.
Yes, under Order 21 Rule 48 read with Section 60 of the Civil Procedure Code. The law exempts a basic part of the salary from attachment, and attachment under a single decree runs only for a limited number of months.
Apply under Section 39 to transfer the decree to the court that has jurisdiction over the debtor or the property. You then file the execution petition before that transferee court.
Yes. Execution is not a new suit. It is the enforcement stage of the decree you already won, handled under Order 21 by the same or a transferee court, which makes it faster than starting again.