Question

Who decides as to which of the several modes he/she will execute the decree

• A. Plaintiff
• B. Court
• C. Judgment debtor
• D. Decree holder

Hint:

Remember the flow: Plaintiff/Defendant \(\rightarrow\) (after judgment) \(\rightarrow\) Decree Holder/Judgment Debtor. The Decree Holder is in the driver's seat for execution; they file the application and choose the method of enforcement. The court facilitates the process.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question is about the process of executing a court's decree. Execution is the process of enforcing or giving effect to the decree. The key parties are the Decree Holder (the party in whose favor the decree is passed) and the Judgment Debtor (the party against whom the decree is passed).
Step 2: Detailed Explanation:
The responsibility to initiate the execution process lies with the person who has won the case. \begin{itemize} \item The Decree Holder (DH) is the one who benefits from the decree and therefore has the right to see it enforced. \item To execute the decree, the Decree Holder must file an execution application before the court. \item In this application, the Decree Holder specifies the manner in which they wish to execute the decree. Section 51 of the CPC lists various modes of execution, such as by delivery of property, attachment and sale of property, arrest and detention of the judgment debtor, appointment of a receiver, etc. \item The Decree Holder chooses the desired mode(s) of execution. The Court then examines the application and, if it is in order, issues the process for execution. The Judgment Debtor is the one against whom execution is sought. The Plaintiff becomes the Decree Holder after winning the case. \end{itemize} Therefore, it is the Decree Holder who decides and requests the specific mode of execution.
Step 3: Final Answer:
The decision on which mode of execution to pursue is made by the Decree holder.