Modes of Execution and Court Orders in Justice System
Execution:
Execution signifies the enforcement of giving effect to the judgment or order of justice. Different modes of execution:
- Delivery of property: moveable and immovable
- Appointment of receiver: equitable execution
- Arrest and detention
- Attachment of property
- Sale of property
#Precept: sec46. A precept is an order or direction given by the court which passed the decree to the court competent to execute the decree or attach any property belonging to the judgment debtor within its jurisdiction.
#Garnishee order: A garnishee means a judgment debtor’s debtor. A garnishee order is a court order preventing payment to the judgment debtor.
#Commissions: Part 3 of CPC deals with commissions for various purposes like examining witnesses, local investigations, accounts, partition, scientific investigations, sale of movable property, and ministerial acts.
#Arrest Before Judgment: The court may order the arrest of the defendant before judgment under certain circumstances.
Attachment Before Judgment: The court may attach property of the defendant before judgment under specific circumstances.
#Temporary Injunction: Sec94 Order 39 Rule 1-5 deal with temporary injunctions, which can be temporary or permanent.
#Receiver: Sec94 and Order 41 deal with the appointment of a receiver and their powers and functions.
Powers: To institute and defend suits, manage, protect, preserve, and improve property, collect, apply, and dispose of rents and profits, execute documents, and other necessary powers.
Duties: A receiver must provide securities, account for received property, submit accounts, pay amounts due, and discharge duties personally.
#Interlocutory Orders: Sec94 allows the court to pass orders for detention, preservation, inspection of property, and sale of attached movable property.
#Withdrawal of Suit: Plaintiff may abandon or withdraw a suit without court permission under certain circumstances.
#Compromise of Suit: Parties can settle a suit by agreement, and the court can pass a compromise decree accordingly.
#Death of Parties or Abetment of Suit: Rules to be followed after the death of a party to the suit.
#Suits by or Against Minors and Lunatics: Order 32 deals with suits involving minors and lunatics.
Appointment of a Guardian: A guardian appointed for a minor in a suit continues throughout all proceedings.
#Suits by Indigent Person or in Forma Pauperis: Order 33 allows indigent persons to sue with court permission under specific conditions.