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.

Sample execution petition format

The skeleton PleadEasy produces for a Tamil Nadu district court, with the details left as placeholders in square brackets. Adapt the cause title, provision and prayer to your court and your facts before filing.

Execution petition format under Order XXI of the CPC: sample text
IN THE [NAME OF THE COURT], [PLACE]

Execution Petition No. ______ of 20__ in O.S. No. ________ of ________

[Name of decree holder], S/o / D/o / W/o [name], aged about [age] years, [full address]
                                                        ...Decree Holder
                                    Versus
[Name of judgment debtor], S/o / D/o / W/o [name], aged about [age] years, [full address]
                                                        ...Judgment Debtor

EXECUTION PETITION UNDER ORDER XXI OF THE CODE OF CIVIL PROCEDURE, 1908

MOST RESPECTFULLY SHOWETH:

1. That this Hon'ble Court was pleased to pass a decree in O.S. No. ________ of ________ in favour of the Decree Holder and against the Judgment Debtor for ____________, which decree has attained finality.

2. [Facts of the case, set out in numbered paragraphs, one fact per paragraph]

3. That the Judgment Debtor has failed and neglected to satisfy the decree despite demand.

PRAYER:
It is therefore most respectfully prayed that this Hon'ble Court may be pleased to execute the decree and to recover a sum of ____________ by attachment and sale of the Judgment Debtor's movable and immovable properties, together with interest and costs of execution, and pass such further order as it deems fit.

VERIFICATION:
I, the Decree Holder above-named, do hereby verify that the contents of the above petition are true to my knowledge and belief. Verified at [District] on this ____________.

                                                        Decree Holder
                                                        Through Advocate

COUNSEL DETAILS:
        Name: [Advocate name]
        Bar Council Enrolment No.: [Enrolment No.]
        Address: [Office address]

Note: Court fee as per the Tamil Nadu Court Fees and Suits Valuation Act, 1955.

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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.

Draft a execution petition from your client conversation

Record the consultation, check the facts PleadEasy pulls out of it, and get the draft formatted for your district court. Nothing is exported until you have read and approved it.

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Filing a execution petition in a district court

The court establishments in each district, so the cause title names the right court.

Tamil Nadu district courts

Kerala district courts

Related formats

Last reviewed 26 September 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.