Execution - Definition - Law Dictionary Home Dictionary Definition execution

Definition :

Execution, the last state of a suit whereby possession is obtained of anything recovered by a judgment. It is styled final process, and is regulated by R.S.C. 1883, Ord. XLII., r. 17, of which allows immediate execution in ordinary cases. See PR'CIPE.

The ordinary writs of execution are capia ad satisfaciendum; fieri facias; elegit; and habere facias possessionem. See these titles respectively, especially FIERI FACIAS.

As to the protection of vendor or purchaser on a sale under an execution, see Bankruptcy and Deeds of Arrangement Act, 1913, s. 15.

As to the writ of capias ad satisfaciendum, see Hulbert v. Cathcart, 1896 AC 470; and it is to be borne in mind that by the (English) Debtors Act, 1869 (32 & 33 Vict. c. 62), imprisonment for debt has been abolished, except as specified in s. 4. See IMPRISONMENT.

By (English) R.S.C. 1883, Ord. XLII., r. 17(b), the Court or a judge may, at or after the time of giving judgment or making an order, stay execution until such time as they or he shall think fit.

As to registration of writs and orders, see (English) Land Charges Act, 1925, and as to equitable charges on land in right of judgment debt, etc., see (English) Law of Property Act, 1925, s. 195. Registration is effected in the Register of Writs and Orders at the (English) Land Registry under the (English) Land Charges Act, 1925. In regard to registered land, however, registration must be effected under the (English) Land Registration Act, 192, s. 59.

See also (English) JUDGMENTS EXTENSION ACT, 1868; EQUITABLE EXECUTION.

Word 'execution' in s. 15(1) of the Limitation Act, 1963 embraces all the appropriate means by which a decree is enforced. It includes all processes and proceedings in aid of, or supplemental to, execution, Anandilal v. Ram narain, (1984) 3 SCC 561: AIR 1984 SC 1383: (1984) 3 SCR 806.

The word 'execution' stands derived from the Latin 'ex seque' 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), Haneef Joharan v. Abdul Salam, AIR 2001 SC 3404, (2001) 7 SCC 573.

The act of carrying out or putting into effect, Black's Law Dictionary, 7th Edn., p. 589.

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 where by 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 (Rastill Terms de la ley).

Means as the process for enforcing or giving effect to the judgment of the court, Overseas Aviation Engg. (G.B.) Ltd. (in re:), 1963 Ch 24: (1962) 3 All ER 112: (1962) 3 WLR 594 (CA).

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 of its completion (Corpus Juris Secundum, Vol. 33).