Execution Petition

After years of hearings in a Mumbai civil court, a landlord finally holds a decree: the tenant must pay Rs. 9 lakh in arrears and vacate the shop. He frames it and hangs it on the wall. Six months later nothing has changed, the tenant is still in the shop and the money has not come. A decree is a judgment on paper; it does not move any property or money by itself. To turn it into real recovery, the decree-holder must file a fresh proceeding. What is it called, what must it contain, and how long does he have?

In two minutes

An execution petition (in Maharashtra practice, a darkhast) is the written application by which a decree-holder asks the executing court to enforce a decree; Order XXI rule 11(2) requires it to be in writing, signed and verified, with prescribed particulars in tabular form, including the mode of assistance sought, and it must be filed within twelve years under Article 136 of the Limitation Act 1963.

The rest of this chapter

The full explanation, the cheat sheet, every previous-year question at every mark weight, the quiz and the answer skeletons are part of Drafting, Pleading and Conveyancing – III on LexBlox Semester. Sign in to unlock the subject, or read Module 1 of Legal Language and Writing free.