Mulla Law on Execution of Decrees and Orders

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Part I – Introduction

1. Nature and Scope of Execution Proceedings

2. Definitions and Key Terminologies

3. Distinction between Decrees and Orders

Part II – Legal Framework
4. Statutory Basis: Sections 36–74 and Order XXI of CPC
5. Types of Decrees and Their Executability
6. Jurisdiction and Powers of Executing Courts
7. Transfer of Decrees for Execution

Part III – Execution Procedures
8. General Principles Governing Execution
9. Application for Execution – Form and Contents
10. Notice to Judgment-Debtor
11. Modes of Execution

• a. Delivery of Possession

• b. Attachment and Sale of Property

• c. Arrest and Detention in Civil Prison

• d. Appointment of Receiver

• e. Garnishee Proceedings

Part IV – Property and Attachment
12. Properties Liable and Not Liable to Attachment
13. Procedure for Attachment
14. Sale of Attached Property – Procedure and Validity
15. Setting Aside Sale – Grounds and Procedure

Part V – Objections and Resistance
16. Objections under Rule 58 and Rule 97 of Order XXI
17. Third Party Claims and Adjudication
18. Resistance or Obstruction by Judgment-Debtor or Others

Part VI – Special Situations
19. Execution of Foreign Decrees
20. Execution Against Government and Public Officers
21. Execution of Compromise Decrees and Consent Orders
22. Execution of Decrees in Representative Suits and Class Actions

Part VII – Remedies and Appeals
23. Remedies Available to Judgment-Debtor
24. Appeals, Revision and Review in Execution Proceedings
25. Stay of Execution and Interim Reliefs

Part VIII – Practical Aspects and Judicial Trends
26. Common Challenges and Mistakes in Execution Proceedings
27. Recent Case Law and Judicial Interpretation
28. Suggested Reforms and Best Practices