Asked by a reader in Bengaluru

I won the case but the other side is not complying. What now?

Answered by Advocate Sharan Jain··Civil Litigation

Short answer

File an execution petition under Order 21 of the Civil Procedure Code. The court can attach and sell property, attach bank accounts and salary, appoint a receiver and in some cases order civil detention. For breach of an undertaking or an injunction, contempt proceedings are also available.

A decree is a piece of paper until it is executed. Execution is a separate proceeding, and it is where a great many successful litigants lose interest and lose their money.

Where and how

File an execution petition before the court that passed the decree, or the court to which it is transferred, usually where the assets are. Limitation for execution is 12 years from the date of the decree.

What the executing court can do, under Order 21

  • Attachment and sale of the judgment debtor's movable and immovable property
  • Garnishee order, attaching money owed to the debtor by a third party, most usefully a bank account
  • Attachment of salary, within the statutory limits on how much may be attached
  • Appointment of a receiver over a business or rental income
  • Arrest and civil detention, where the court is satisfied the debtor has the means and is wilfully refusing to pay. This is used sparingly but the mere notice frequently produces payment
  • For a decree for possession, delivery of possession with police assistance where required
Execution succeeds on information, not on argument
The petition must identify what to attach. Bank name and account, employer, property with survey number, vehicle registration, shareholdings. Where you do not know, use Order 21 Rule 41 to have the judgment debtor examined on oath about their assets and to require an affidavit of assets. The Supreme Court in Rahul S. Shah v. Jinendra Kumar Gandhi (2021) issued directions to speed up execution, including requiring parties to disclose assets. Invoke them.

Contempt, where it applies

For breach of an injunction or an undertaking given to the court, the remedy is contempt under the Contempt of Courts Act, 1971, and disobedience of an injunction is also dealt with by Order 39 Rule 2A, which allows attachment of property and detention. Contempt is not available for simple non-payment of a money decree; that is what execution is for.

The lesson for next time

Think about recovery before you sue. Where there is a real risk of assets being moved, apply for attachment before judgment under Order 38 Rule 5 at the outset. A decree against a debtor who has already emptied their accounts is worth very little.

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Go deeper on this

This answer is the short version. These guides cover the same ground in full, with the procedure, the timelines and the leading cases.

SJ

Answered by

Advocate Sharan Jain

Advocate based in Bangalore, practising before the Karnataka High Court and District, Sessions, Consumer and Family courts. Answers public legal questions to make Indian law more accessible.

This answer is general information on Indian law as at July 26, 2026, published for public education. It is not legal advice, it does not take account of your facts, and reading it does not create an advocate-client relationship. Law changes and every case turns on its own circumstances. Please consult a qualified advocate about your own matter.

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