Execution - Indian Laws - General

Word execution The word execution stands derived from the Latin ex sequi, meaning, to follow out, follow to the end, or perform, and equivalent to the French executor, so that, when used in their proper sense, all three convey the meaning of carrying out some act or course of conduct to its completion (vide vol.33 Corpus Juris Secundum). Lord Denning in Re Overseas Aviation Engineering (G.B) Ltd.: (L.R.1963: Ch. 24) has attributed a meaning to the word execution as the process for enforcing or giving effect to the judgment of the court and stated: The word execution is not defined in the Act. It is, of course, a word familiar to lawyers. Execution means, quite simply, the process for enforcing or giving effect to the judgment of the court: and it is completed when the judgment creditor gets the money or other thing awarded to him by the judgment. That this is the meaning is seen by reference to that valuable old book Rastill Termes de la Ley, where it is stated: Execution is, where Judgment is given in any Action, that the plaintiff shall recover the land, debt, or damages, as the case is; and when any Writ is awarded to put him in Possession, or to do any other thing whereby the plaintiff should the better be satisfied his debt or damages, that is called a writ of execution; and when he hath the possession of the land, or is paid the debt or damages, or hath the body of the defendant awarded to prison, then he hath execution. And the same meaning is to be found in Blackman v. Fysh: [(1892) 3 Ch. 209, 217, C.A.], when Kekewich, J. said that execution means the process of law for the enforcement of a judgment creditor s right and in order to give effect to that right. In cases when execution was had by means of a common law writ, such as fieri facias or elegit, it was legal execution: when it was had by means of an equitable remedy, such as the appointment of a receiver, then it was equitable execution. But in either case it was execution because it was the process for enforcing or giving effect to the judgment of the court. A.C. ARULAPPAN VERSUS SMT. AHALYA NAIK - 2001 (8) TMI 1428 - SUPREME COURT