Judgment is a decision
of a court regarding the rights and liabilities of parties in a legal action or
proceeding. Judgment is a final part of the court case. Enforcement of Judgment
means enforcing a judicial decision depends upon its nature and also on the
discretion of the court. If a judgment does nothing more than declaring the legal
right of a person, or a simple divorce decree or a declaratory judgment (Ex.
Interpreting a contract or a statue) then no enforcement is needed.
If a judgement orders a
party to do or to refrain from doing a certain act or an injunction is issued
to a person or an organization, the court itself takes a first step towards
enforcement or execution of a judgment by holding in contempt anyone who
refuses to obey the order and sentencing him to pay a fine or to go to jail.
Enforcement of Domestic Judgements
To enforce a domestic
judgement, the applicant seeking to enforce have to first appoint a lawyer
through a power of attorney (Vakalatnama) for representation before the court
with jurisdiction to adjudicate the matter. A Court fee is to be paid at the
same time for a suit to be instituted. Further, no security cost is required,
during the course of hearing until the court orders.
Unless a jurisdiction
is specified in a contract which subjects to pecuniary or other limitations as
prescribed by law, lawsuits in relation to immovable property must be
instituted in the court or to the closest where the property is situated. The
place of business or place of residence will also be a factor to be kept in
mind by the court to determine the jurisdiction.
Under the Limitation
Act, 1963, there is a limitation period to initiate enforcement proceedings.
The application for execution must be made within a period of 12 years from the
date of decree or order becomes enforceable.
Below is the outline of steps used to carry out enforcement:
1.
The court must issue summons to the
defendant as per the procedure set out in law and the practice rules of the
High Courts. Despite the summon of the court, if the defendant failed to appear
before the court, the matter will be heard and decided ex parte.
2.
Court fees have to be deposited which
varies depending on the value of the lawsuit.
Cases
where the order of enforcement is applicable:
·
Any order passed by the court
determining the liability of the custodian (it is a person to whom the custody
of the movable property is given which cannot be conveniently removed or taken
in possession) of movable property to compensate the decree-holder for any
damages caused due to his default.
·
Any order made against the garnishee.
·
Any order determining the liability of a
partner of the firm who was not the party to the original proceedings.
·
Any order made by adjudicating the claim
made to the attachment of any property attached in execution of a decree.
·
Any order adjudicating an application
filed by the decree-holder for resistance or obstruction to possession of
immovable property.
·
Any order adjudicating an application
for the dispossession of the third party by decree-holder.
Enforcement
of Foreign Judgements
Enforcement of Foreign
Judgements are similar to that of Domestic Judgments.
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