Execution

Execution petition format under Order XXI of the CPC

How an execution petition is drafted under Order XXI CPC: the particulars required, modes of execution, the twelve-year limitation, and objections by the judgment debtor.

An execution petition is filed by a decree holder to enforce a decree that has not been satisfied. It is governed by Sections 36 to 74 and Order XXI of the Code of Civil Procedure, 1908. The petition must give the particulars listed in Order XXI Rule 11: the suit number, the parties, the date of the decree, whether an appeal is pending, any payments already received, the amount still due, and the specific mode of execution sought. Limitation is twelve years from the date the decree became enforceable, under Article 136 of the Limitation Act, 1963.

Governed by
  • Sections 36 to 74 and Order XXI, Code of Civil Procedure, 1908
  • Article 136, Limitation Act, 1963
Where it is filed
The court that passed the decree, or the court to which it is transferred for execution under Section 39 CPC.
Who files it
The decree holder, or the legal representative or assignee of the decree holder.
Time limit
Twelve years from the date the decree became enforceable, under Article 136 of the Limitation Act, 1963. For an application to enforce payment of money by arrest, the period is shorter.

What a execution petition must contain

The parts below are the structure of the document in filing order. The operative wording is a matter for the drafting advocate and for the practice of the court concerned.

  1. 1.Cause title

    The executing court, the original suit number and the execution petition number left for the registry, with the decree holder and judgment debtor.

  2. 2.Decree particulars

    Date of the decree, the court that passed it, and the operative terms sought to be executed, with a certified copy annexed.

  3. 3.Appeal status

    Whether an appeal has been preferred, and whether execution has been stayed.

  4. 4.Payments and adjustments

    Any amount received or adjusted since the decree, certified under Order XXI Rule 2 where recorded.

  5. 5.Amount due

    The principal, interest computed to date, and costs, shown as a working.

  6. 6.Mode of execution

    The specific mode sought: attachment and sale of movable or immovable property, delivery of possession, arrest and detention, appointment of a receiver, or garnishee proceedings.

  7. 7.Property schedule

    Where attachment is sought, a schedule identifying the property with sufficient particulars to permit attachment.

Mistakes that get this document returned

  • Filing without a certified copy of the decree.
  • Not accounting for payments already received, which the judgment debtor then proves and uses to resist the petition.
  • Seeking attachment of property described too loosely for the bailiff to identify.
  • Missing the twelve-year period under Article 136, after which the decree becomes unenforceable.

Frequently asked questions

What is the limitation for filing an execution petition?

Twelve years from the date the decree became enforceable, under Article 136 of the Limitation Act, 1963. There is no provision for condoning delay beyond that period.

Can a decree be executed by a different court?

Yes. Under Section 39 CPC the court that passed the decree may transfer it for execution to a court within whose jurisdiction the judgment debtor resides or holds property.

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Last reviewed 30 August 2026. This guide is general information about court procedure for advocates. It is not legal advice and does not replace the rules of practice of the court you are filing in.