Execution Petition (Order 21 CPC): Format and How to File (2026)

Format · Civil Procedure · Execution

Updated for 2026 · Claw Editorial

Winning a case is only half the job. A decree on paper means nothing until the court enforces it and you actually get your money, your property or the relief ordered. That enforcement is done through an execution petition under Order 21 of the Code of Civil Procedure. This guide explains which court to file in, the time limit, the ways a decree can be executed, a usable petition format, and how to follow the execution to the end. Last verified October 2026.

01What execution means

When a court decides a suit, it passes a decree. The person in whose favour the decree is passed is the decree-holder, and the person who has to comply is the judgment-debtor. If the judgment-debtor does not pay or hand over what the decree orders, the decree-holder asks the court to enforce it. That request is the execution petition, governed by Order 21 of the Code of Civil Procedure, 1908.

Order 21 is the longest and most detailed part of the Code, because it covers every way a decree can be enforced and every objection a judgment-debtor can raise. The aim is simple: to turn the words of the decree into real recovery.

A decree only states your right. Execution is the process that actually delivers it, by attaching property, selling it, or compelling the judgment-debtor to perform.

02Which court to file the execution petition in

Under Sections 37 to 39 of the Code, you can execute a decree in one of two courts:

• The court that passed the decree. This is the usual starting point.
• A transferee court. If the judgment-debtor lives, works or has property in another district, the court that passed the decree can transfer it under Section 39 to the court where the person or property is, so it can be executed there.

So if you won a money decree in Delhi but the judgment-debtor owns land in Pune, you ask the Delhi court to transfer the decree to the Pune court, and then file the execution petition in Pune where the property can be attached and sold.

03Time limit to execute a decree

Under Article 136 of the Limitation Act, 1963, the time limit to apply for execution of a decree (other than a decree granting a mandatory injunction) is 12 years from the date the decree becomes enforceable. If the decree directs payment or an act at a future date, the 12 years run from that date.

Within the 12 years you can file more than one execution petition if an earlier one does not fully satisfy the decree. See how to seek condonation of delay if you are late for a good reason.

04Modes of execution under Section 51

Section 51 of the Code lists the ways a court can execute a decree. The decree-holder usually chooses, and the court decides what is appropriate.

For a money decree, attachment and sale of the judgment-debtor's movable or immovable property is the usual mode. Arrest and detention is allowed only in limited cases and with a show-cause notice, because it affects personal liberty.

05The execution petition format

An execution petition is filed as an application under Order 21 Rule 11, broadly following Form No. 6 of Appendix E to the Code. Use this skeleton and adapt it to your decree. Replace the text in square brackets.

IN THE COURT OF [JUDGE] AT [PLACE]

            Execution Petition No. ______ of 20__
            (Arising out of Decree in Suit No. ___ of 20__)

[Name, address]                        ... DECREE-HOLDER
            VERSUS
[Name, address]                        ... JUDGMENT-DEBTOR

APPLICATION FOR EXECUTION OF DECREE
           (Under Order 21 Rule 11, CPC)

The decree-holder respectfully submits:

1. Number of the suit: ____________________
2. Names of the parties: __________________
3. Date of the decree: ____________________
4. Whether any appeal has been preferred: _
5. Whether any payment or adjustment has
   been certified: ________________________
6. Amount of the decree, with interest and
   costs, and the amount still due: ________
7. Against whom execution is sought: ______
8. Mode in which the assistance of the Court
   is required (tick as applicable):
      (a) delivery of property
      (b) attachment and sale of property
          described in the Schedule below
      (c) arrest and detention
      (d) appointment of a receiver

PRAYER
The decree-holder prays that this Court be
pleased to execute the decree by [state the
mode] and recover Rs [amount] with interest
and costs from the judgment-debtor.

SCHEDULE OF PROPERTY (if attachment sought)
[Full description of the property.]

                                 DECREE-HOLDER
                        Through [Advocate]

VERIFICATION and supporting AFFIDAVIT attached.

06How to fill and file the execution petition

1. Give the decree details: the suit number, the date of the decree, and the court that passed it.
2. State the amount still due, including interest and costs, after deducting any payment already received.
3. Choose the mode of execution that fits your decree, under Section 51.
4. Describe the property in a schedule if you want it attached and sold.
5. Attach a certified copy of the decree and your supporting affidavit.
6. File in the right court, and seek transfer to a transferee court first if the judgment-debtor or property is in another district.
7. Seek a warrant or notice: the court issues process to the judgment-debtor and, for attachment, a warrant of attachment.

07Common mistakes

• Waiting too long and crossing the 12-year limit under Article 136.
• Filing in the wrong court instead of first transferring the decree to where the property or debtor is.
• Not deducting payments already received, so the amount claimed is wrong.
• A vague property schedule, which stalls attachment.
• Not attaching a certified copy of the decree.
• Seeking arrest first when attachment and sale is the straightforward route for a money decree.

08Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

Execution can run for years, through attachment, objections, sale and repeated hearings, often in a transferee court far from where the suit was decided. Claw tracks cases, orders and hearings across 9,102 courts, benches and forums, with results in under 5 seconds, so you can follow an execution petition by party name and never miss a date, even after the decree moves to another district. You can also search 30 crore+ judgments, with Supreme Court decisions from 1950 and High Court decisions from 1990, to see how courts have handled limitation, objections under Order 21 Rule 58, and the choice of mode. Claw does not use your case documents to train its AI models.

Create a FREE Claw account to track your execution petition by party name, and use case search across Indian courts to research how decrees are executed in similar matters.

09Sources and further reading

• India Code (Code of Civil Procedure, 1908; Limitation Act, 1963): indiacode.nic.in
• Order 21 and Section 51, CPC (bare text): devgan.in
• eCourts (execution case status): ecourts.gov.in
• Claw: clawlaw.in

This guide is general information, not legal advice. Local rules, forms and court fee vary, so check the current requirement of the executing court and take advice from counsel before you file. Related: how to draft a civil suit plaint and legal notice for an Order 37 summary suit.

10Frequently asked questions