How to Execute a Civil Court Money Decree - citizen guide 2026

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.

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:

1. Attachment and sale of property under Order 21: the court attaches the debtor's movable or immovable property and sells it by public auction, paying you from the proceeds.
2. Garnishee order under Order 21 Rule 46: the court directs the debtor's bank or anyone who owes the debtor money to pay that amount into court instead.
3. Attachment of salary under Order 21 Rule 48 read with Section 60: a portion of the salary can be attached and remitted to the court, but the law protects a basic part of the pay from attachment, and attachment under one decree runs only for a limited stretch of months.
4. Arrest and detention under Section 51 and Order 21 Rules 37 to 40: this is a last resort, allowed only where the debtor has the means to pay and refuses, not for mere inability to pay.

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.

1. Get a certified copy of the decree and the decree sheet from the court that decided your suit.
2. Decide the mode: salary attachment, garnishee on the bank, attachment and sale of property, or arrest, based on what the debtor owns.
3. Draft the execution petition in the prescribed form under Order 21 Rule 11, stating the decree details, the amount due with interest, and the mode of execution you seek.
4. If the debtor or the property lies in another court's area, apply to transfer the decree under Section 39 first.
5. File the petition with the court fee, attach the certified decree copy, and serve notice on the judgment debtor under Order 21 Rule 22 where required.
6. Ask the court for the specific order: warrant of attachment, garnishee notice, salary attachment order, or arrest warrant.
7. Follow through to sale or recovery, and file for any balance still due within the 12-year limit.

• Certified copy of the decree and the decree sheet
• Calculation of the amount due, including interest and costs awarded
• Execution petition in the Order 21 Rule 11 format
• Details of the judgment debtor's assets: bank, employer, or property
• Court fee as required by your State schedule
• Transfer application under Section 39, if executing in another court's area

• Waiting too long. The 12-year limit under Article 136 of the Limitation Act is firm. A delayed petition can be time barred.
• Vague asset details. The court cannot attach what you cannot identify. Pin down the bank branch, employer, or property before you file.
• Seeking arrest first. Arrest is a last resort and is refused where the debtor genuinely cannot pay. Lead with attachment of assets.
• Ignoring the salary protection. A basic portion of salary is exempt from attachment under Section 60, so a salary-only target may recover slowly.
• Filing in the wrong court. If the assets are elsewhere, transfer the decree under Section 39 instead of filing where nothing is recoverable.

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.

• Code of Civil Procedure 1908, Section 51 and Order 21 - https://www.indiacode.nic.in
• Section 60, Code of Civil Procedure 1908 (property liable to attachment) - https://www.indiacode.nic.in
• Limitation Act 1963, Article 136 (execution of decrees) - https://www.indiacode.nic.in
• Right to Information Act 2005 - https://rti.gov.in

• Executing a consumer court order
• Executing a maintenance order
• Draft an RTI to trace a debtor's government dues
• Read the RTI Act 2005 guide
• The RTI Playbook