What This Template Is

Winning a decree is only half the battle. If the judgment-debtor does not comply voluntarily, the decree-holder must ask the court to enforce it — and that enforcement machinery is Order XXI of the Code of Civil Procedure, 1908, read with Section 51 CPC (which lists the modes of execution). This template gives you a complete execution application under Order XXI Rules 10–14: the decree details, the particulars the rules demand, the three main modes of execution (attachment and sale of property, arrest and detention of the judgment-debtor, and delivery of possession), and the supporting affidavit of the decree-holder, plus a practical limitation note. Fill in every `[BLANK]` and file it in the court that passed the decree (or the court to which it has been transferred for execution).

Part 1 — The Execution Application

``` IN THE COURT OF [CIVIL JUDGE / SENIOR CIVIL JUDGE / DISTRICT JUDGE], [CITY NAME]

Execution Application No. ________ of 20____ (Arising out of Civil Suit No. ________ of 20____)

[BLANK — NAME OF DECREE-HOLDER], son/daughter/wife of [BLANK], resident of [BLANK — FULL ADDRESS], CNIC No. [BLANK] ....Decree-Holder / Applicant

VERSUS

  1. [BLANK — NAME OF JUDGMENT-DEBTOR NO. 1], son/daughter/wife of [BLANK], resident of [BLANK — FULL ADDRESS], CNIC No. [BLANK]

  2. [BLANK — NAME OF JUDGMENT-DEBTOR NO. 2, if any], son/daughter/wife of [BLANK], resident of [BLANK — FULL ADDRESS], CNIC No. [BLANK] ....Judgment-Debtor(s) / Respondent(s)

APPLICATION FOR EXECUTION OF DECREE UNDER ORDER XXI, CODE OF CIVIL PROCEDURE, 1908 ```

Particulars Required by Order XXI Rules 11–14

1. Number of the suit and the court that passed the decree. Civil Suit No. [BLANK] of 20[BLANK], decided by the Court of [BLANK — e.g. "the learned Civil Judge, [City]"] on [BLANK — DATE OF DECREE].

2. Names of the parties. Decree-holder: [BLANK]. Judgment-debtor(s): [BLANK]. (These must match the decree exactly; any discrepancy is a common ground of objection.)

3. Date of the decree and whether any appeal has been preferred. The decree was passed on [BLANK — DATE]. [BLANK — "No appeal has been preferred against the decree" / "An appeal was preferred before the [BLANK — Court] vide Appeal No. [BLANK], which was dismissed on [BLANK — DATE]" / "An appeal is pending but no stay of execution has been granted"]. (Attach a certified copy of the decree — the court will not proceed on a photocopy.)

4. Amount due under the decree (for money decrees). Rs. [BLANK — principal amount], plus interest at [BLANK — RATE, e.g. "6% per annum"] from [BLANK — DATE] to [BLANK — DATE] amounting to Rs. [BLANK], plus costs of the suit Rs. [BLANK] — total Rs. [BLANK — TOTAL]. Less: amounts already paid/adjusted Rs. [BLANK]. Net amount recoverable: Rs. [BLANK].

5. Mode of execution sought (Section 51 CPC; tick/choose one or more — the court may grant one or combine them):

  • (a) Attachment and sale of the judgment-debtor's property (Order XXI Rules 41–73): "The applicant seeks attachment and sale of the following property of the judgment-debtor(s), which is within the jurisdiction of this Honourable Court and is not exempt from attachment under Section 60 CPC: [BLANK — FULL DESCRIPTION, e.g. 'House No. __, Street __, [City], measuring __ marlas, bounded north by __, south by __, east by __, west by __; valued approximately at Rs. __' / 'Bank account No. __ maintained with [BLANK — Bank], [BLANK — Branch]' / 'Motor vehicle, registration No. __, make __, model __']. The applicant prays that a warrant of attachment be issued and the property be sold by public auction, the sale proceeds being applied towards satisfaction of the decree."

  • (b) Arrest and detention of the judgment-debtor (Section 55 CPC; Order XXI Rules 37–40): "The applicant seeks the arrest and detention in civil prison of the judgment-debtor, [BLANK — NAME], on the ground that [BLANK — CHOOSE AND STATE: 'the judgment-debtor is likely to abscond or leave the local limits of the Court's jurisdiction with the object of delaying execution' / 'the judgment-debtor has, after the institution of the suit, dishonestly transferred, concealed or removed his property, or committed any other act of bad faith in relation to his property' / 'the judgment-debtor has the means to pay the decretal amount but refuses or neglects to pay']. The applicant is prepared to deposit the subsistence allowance required under Rule 39 before the warrant is executed." (Note: arrest is a last resort — the court will issue a Rule 37 notice to show cause first, and women, minors and persons covered by the Section 56/58 protections cannot be arrested in execution of a money decree in the ordinary way.)

  • (c) Delivery of possession (Order XXI Rules 35–36 — for decrees for immovable property): "The applicant seeks delivery of possession of the decreed property, fully described as [BLANK — SAME FULL DESCRIPTION AS IN THE DECREE], by removal of the judgment-debtor / any person bound by the decree. The applicant prays that a warrant of possession be issued through the bailiff/Nazir of this Honourable Court."

6. Previous execution applications. [BLANK — "No previous application for execution of this decree has been filed" / "A previous execution application (No. [BLANK] of 20[BLANK]) was filed and was [BLANK — 'dismissed in default on [DATE]' / 'partly satisfied, recovering Rs. [BLANK]' / 'disposed of on [DATE]'], and this is a fresh application within limitation."]

7. Whether the decree has been transferred for execution. [BLANK — "This application is filed in the court which passed the decree" / "The decree has been transferred to this Honourable Court for execution vide transfer certificate No. [BLANK] dated [BLANK], issued by the [BLANK — Court]"].

8. Court fee. The requisite court fee of Rs. [BLANK] for the execution application has been paid through [BLANK — bank challan / court fee stamps].

Prayer of the Execution Application

``` It is therefore most respectfully prayed that this Honourable Court may graciously be pleased to:

(a) Take this application on record and issue process for execution of the decree dated [BLANK — DATE] in Civil Suit No. [BLANK] of 20[BLANK]; (b) Order execution by [BLANK — "attachment and sale of the property described above" / "arrest and detention of the judgment-debtor" / "delivery of possession of the decreed property" / a combination]; (c) Award the costs of this execution application to the decree-holder; (d) Grant any other relief deemed just and proper.

[BLANK — PLACE], [BLANK — DATE]

Decree-Holder / Applicant, through counsel: ____________________________ [BLANK — NAME OF ADVOCATE], Advocate High Court ```

Part 2 — Affidavit of the Decree-Holder

Every execution application should be supported by an affidavit verifying the particulars. Use this form:

``` AFFIDAVIT

I, [BLANK — NAME OF DECREE-HOLDER], son/daughter/wife of [BLANK], resident of [BLANK — FULL ADDRESS], CNIC No. [BLANK], do hereby solemnly affirm and declare on oath as under:

  1. That I am the decree-holder in Civil Suit No. [BLANK] of 20[BLANK], decided by the Court of [BLANK] on [BLANK — DATE], and I am fully conversant with the facts of the case; I am competent to swear this affidavit.

  1. That the decree remains wholly/partially unsatisfied; a sum of Rs. [BLANK] (details given in the execution application) is still due and recoverable from the judgment-debtor(s).

  1. That the property described in the execution application belongs to the judgment-debtor(s) and is liable to attachment and sale in satisfaction of the decree / that the judgment-debtor has the means to pay but is wilfully refusing / that the judgment-debtor is in unlawful possession of the decreed property. [BLANK — KEEP THE APPLICABLE SENTENCE.]

  1. That no stay of execution is in operation against the decree from any court.

  1. That the contents of the execution application are true to my knowledge and nothing material has been concealed.

DEPONENT

Verification: Verified at [BLANK — CITY] on [BLANK — DATE] that the contents of this affidavit are true and correct to my knowledge.

DEPONENT

[Attested before the Oath Commissioner / Notary Public: signature, seal, date — BLANK] ```

Limitation Note — Do Not Miss This

Execution is governed by the Limitation Act, 1908, and missing the period kills the remedy:

  • Article 182 — three years for the execution of a decree or order of a civil court (not being a High Court decree covered by Article 183), running from the date of the decree or, where there has been an appeal, the date of the appellate decree.

  • Article 183 — twelve years for the execution of a decree of a High Court in its original civil jurisdiction.

  • Each fresh execution application filed within time, and each part-payment or acknowledgment by the judgment-debtor, can give a fresh starting point — but never rely on this; file the first execution application promptly after the decree becomes final.

  • If an appeal is pending, apply for execution anyway unless a stay has actually been granted — the mere filing of an appeal does not suspend execution (Order XLI Rule 5), though courts often grant stay on security.

  • Objections to execution are raised under Section 47 CPC before the executing court; questions of title raised by third parties go to Rule 58 (adjudication of claims to attached property). Get the decree's particulars exactly right — a mismatch in names, amounts or property description is the commonest reason execution stalls.

Frequently Asked Questions

Q: How long do I have to get my decree executed in Pakistan?

For decrees of ordinary civil courts, Article 182 of the Limitation Act, 1908 gives three years from the date of the decree (or the appellate decree, if there was an appeal). High Court original-side decrees get twelve years under Article 183. Do not confuse the two, and do not wait: file the execution application as soon as the decree is final and no stay is operating.

Q: The judgment-debtor says he has no property — what can the court do?

The court can examine the judgment-debtor orally about his means (Order XXI Rule 41), attach bank accounts, salary (subject to Section 60 exemptions), vehicles and immovable property, and, where the statutory grounds exist — means to pay but wilful refusal, dishonest transfer of property, or likelihood of absconding — order arrest and detention in civil prison. The salary of a government servant and the tools of an artisan, among others, are protected from attachment under Section 60, so target attachable assets and plead the Rule 37 grounds precisely.

Q: Can the judgment-debtor stop execution by filing objections?

He can try, under Section 47 CPC, but objections must be decided by the executing court itself and cannot re-open the merits of the decree — the executing court cannot go behind the decree. Frivolous or repetitive objections are routinely dismissed with costs. Third-party claims to attached property are adjudicated under Order XXI Rule 58. A pending appeal alone does not stop execution; only an actual stay order does.

Q: What if the decree is for possession and someone else is occupying the property?

Delivery of possession is governed by Order XXI Rules 35 and 36. If the occupant is bound by the decree (a party or someone claiming under a party), the bailiff removes them under a warrant of possession. If a stranger claims independent title, they may file an obstruction application under Rule 97, which the court adjudicates under Rule 98 — but a mere occupier with no title cannot defeat a lawful warrant.

Q: Do I need a fresh court fee for the execution application?

Yes. An execution application requires its own court fee, computed under the Court Fees Act on the amount sought to be recovered (with applicable fixed fees for possession warrants). Pay it through the prescribed challan or stamps and plead payment in the application, as courts check this at the filing counter.

The Bottom Line

Order XXI is a complete enforcement code: pick the mode that fits your decree — attachment and sale for money decrees, delivery of possession for property decrees, arrest and detention only where the statutory grounds of wilful default or bad faith exist — plead the Rule 11–14 particulars exactly as the decree states them, support the application with the decree-holder's affidavit, and file within the Article 182/183 limitation period. A precisely drafted execution application moves; a sloppy one invites years of Section 47 objections.