Civil procedure | Execution of decrees

Order XXI Rule 6 CPC - Procedure When a Decree Is Sent to Another Court for Execution

Order XXI Rule 6 of the Code of Civil Procedure, 1908 (CPC) identifies the records that a court must forward when it sends its decree to another court for execution. It helps the receiving court determine what has already been recovered and what remains to be enforced.

Text of Order XXI Rule 6 CPC

Meaning and purpose of Rule 6

A decree is the formal expression of an adjudication conclusively determining the rights of the parties regarding matters in controversy, subject to the qualifications in Section 2(2) CPC. Execution is the legal process of enforcing the relief granted by a decree. The decree-holder is the person in whose favour a decree has been passed, while the judgment-debtor is the person against whom it has been passed (Sections 2(3) and 2(10) CPC).

Rule 6 deals with the documents accompanying a transfer; it does not itself prescribe every ground on which a decree may be transferred. Those grounds are addressed principally by Sections 38 and 39 CPC. The receiving court exercises execution powers subject to Section 42 CPC and the applicable procedural rules.

Documents the transferring court must send

1. Copy of the decree - Rule 6(a)

The receiving court must have a copy of the decree so it can identify the parties, the relief granted and the obligation that is to be enforced.

2. Certificate of satisfaction - Rule 6(b)

The certificate must indicate whether the decree has been satisfied through execution in the jurisdiction of the court that passed it. If there has been partial satisfaction, it must state the extent of recovery and the unsatisfied balance. This is important to prevent execution beyond the amount or relief still due.

3. Previous execution order or certificate - Rule 6(c)

If an execution order has already been made, a copy must be forwarded. If none has been made, the sending court must certify that fact. This provides the receiving court with the procedural history necessary to act on the transferred decree.

How transfer for execution works

1. Request or direction for transfer: The decree-holder may seek transfer where a statutory ground under Section 39 CPC is satisfied, or the court may act of its own motion where permitted.
2. Transmission: The court sending the decree forwards the three categories of documents required by Order XXI Rule 6.
3. Receipt and execution: The receiving court proceeds under the CPC, including the applicable rules on applications for execution and the powers of the transferee court.
4. Reporting the result: Under Section 41 CPC, the receiving court certifies the result of execution to the court that passed the decree.

Related CPC provisions

• Section 38: A decree may be executed by the court that passed it or by the court to which it is sent for execution.
• Section 39: Sets out when a decree may be transferred to another competent court for execution, including specified circumstances involving the judgment-debtor or property.
• Section 40: Addresses transfer of decrees for execution to courts in another State.
• Section 41: Requires certification of the result of execution by the transferee court.
• Section 42: Describes powers of the court executing a decree transferred to it, subject to statutory limits.
• Order XXI Rule 5: Addresses the mode of transfer of a decree for execution.
• Order XXI Rule 7: Addresses the procedure of the court receiving copies of the decree and accompanying documents.

Practical example

Suppose a court passes a money decree for Rs. 5,00,000 and Rs. 1,50,000 is recovered through execution in its jurisdiction. If the decree is then sent to another competent court for execution, the certificate under Rule 6(b) should disclose the partial satisfaction and identify the balance outstanding, subject to any applicable interest and costs under the decree. The receiving court should not proceed as though nothing had been recovered.

Frequently asked questions

Does Order XXI Rule 6 allow a decree to be transferred automatically?

No. Rule 6 specifies the documents to accompany a decree sent for execution. The authority and grounds for transfer must be found in the relevant CPC provisions, particularly Sections 38 and 39.

What if part of the decree has already been satisfied?

The sending court must certify the extent of satisfaction and the part that remains unsatisfied, as required by Rule 6(b).

Must a prior execution order always accompany the decree?

A copy must be sent if an execution order exists. Otherwise, Rule 6(c) requires a certificate stating that no such order has been made.

Official statutory resources

Consult the India Code official legislation database for the Code of Civil Procedure, 1908 (Act 5 of 1908), and the Legislative Department, Government of India for central legislation. Applicable State amendments and High Court rules should also be checked for proceedings in a particular jurisdiction.