Execution application

Model format for general reference only. Not legal advice. Adapt to the facts and the court's current rules. Source: masterlegalwork.com

IN THE COURT OF [__], [PLACE]

Execution Application No. ____ of 20__

MEMO OF PARTIES

Versus

APPLICATION FOR EXECUTION OF DECREE UNDER ORDER XXI RULE 11(2) READ WITH SECTION 51 OF THE CODE OF CIVIL PROCEDURE, 1908

The decree-holder prays for execution of the decree, the particulars of which are given below:

1. Number of the suit: [CIVIL SUIT No. __ of __], decided by [COURT].
2. Names of the parties: [DECREE-HOLDER] versus [JUDGMENT-DEBTOR].
3. Date of the decree: [DATE] (certified copy annexed).
4. Whether any appeal was preferred against the decree: [No / Yes — APPEAL No. __, decided on __ / pending, with no stay].
5. Whether any payment or adjustment was made: [No / Yes — ₹__ on __].
6. Previous applications for execution, if any, with their dates and results: [None / details].
7. Amount, with interest, due upon the decree, or other relief granted: [PRINCIPAL ₹__ + INTEREST ₹__ up to __ = ₹__ / DESCRIPTION OF RELIEF].
8. Amount of costs, if any, awarded: ₹[__].
9. Name of the person against whom execution is sought: [JUDGMENT-DEBTOR].
10. Mode in which the assistance of the Court is required: [attachment and sale of the movable / immovable property described in the Schedule / arrest and detention in civil prison / delivery of possession / appointment of a receiver / other].
11. That the operative decree directs [quote its exact relief and parties], and the present application seeks only enforcement of that direction. The certified decree and relevant judgment are annexed as [ ].
12. That the decree is executable in this Court because [court which passed it / lawful transfer and transmission particulars]. Any appeal, stay, variation or satisfaction is [full details and orders]. Filing an appeal alone is not pleaded as an automatic stay.
13. That the amount due on [date] comprises decretal principal ₹[ ], interest calculated strictly under the decree ₹[ ], costs ₹[ ], less payments or adjustments ₹[ ]. The calculation and certification of adjustment, where required, are annexed.
14. That execution limitation is calculated under [Article 136 / Article 135 or other applicable provision] from [date decree became enforceable], taking account of [lawful exclusion]. Mandatory-injunction decrees are not assumed to have the same period as every money decree.
15. That the requested mode of execution is [attachment and sale / delivery of possession / other], concerning [identified property, ownership and known exemptions]. If seeking civil detention, the statutory notice, inquiry and Section 51 proviso requirements are addressed by [facts], not merely non-payment.
16. That earlier executions and results are listed as [dates, court, amount realised and orders]. The Order XXI Rule 11 particulars are completed, and any application for asset disclosure is precisely framed.

SCHEDULE OF PROPERTY (if attachment is sought)

[DESCRIPTION OF PROPERTY with boundaries / particulars, and the judgment-debtor's interest in it].

PRAYER

It is, therefore, respectfully prayed that the decree dated [DATE] may kindly be executed in the manner stated above, and the amount due along with costs of execution may be recovered from the judgment-debtor.

VERIFICATION

I, [NAME OF DECREE-HOLDER], the decree-holder, do hereby declare that what is stated above is true to the best of my information and belief. Verified at [PLACE] on [DATE].

DECREE-HOLDER

Gagandeep Goel, Adv. (Enrl. No. P/1983/2007)
Gagandeep Goel & Associates | Master Legal Work
(M) 987 220 6969, (E) masterlegalwork@gmail.com
Advocate for the Decree-holder

IN THE COURT OF [__], [PLACE]

Execution Application No. ____ of 20__

Versus

AFFIDAVIT

Affidavit of [NAME OF DEPONENT], [S/o / D/o / W/o] [NAME], aged about [__] years, resident of [FULL ADDRESS WITH PIN CODE], Aadhaar No. [IF LAWFULLY REQUIRED], Mobile No. [NUMBER].

I, the above-named deponent, do hereby solemnly affirm and declare as under:

1. That I am competent to swear this affidavit. The accompanying [suit / petition / application] was drafted by counsel on my instructions, read over and explained to me in [LANGUAGE], and is adopted as part of this affidavit. Its facts are true to my knowledge or identified records; legal submissions rest on advice believed true.
2. That [no same or similar proceeding on this cause has been filed / all prior and pending proceedings, outcomes and orders are disclosed here: ___]. Nothing material is concealed.

DEPONENT

VERIFICATION

Verified at [PLACE] on [DATE] that paragraphs 1 and 2 above are true and correct to my knowledge and identified records, with legal submissions based on advice believed true. Nothing material has been concealed.

DEPONENT

Gagandeep Goel, Adv. (Enrl. No. P/1983/2007)
Gagandeep Goel & Associates | Master Legal Work
(M) 987 220 6969, (E) masterlegalwork@gmail.com
Advocate for the Decree-holder