All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

Practice Mode:
11.

Who decides as to which of the several modes he/she will execute the decree

A: Plaintiff
B: Court
C: Judgment debtor
D: Decree holder

The answer is: D

Explanation

The correct option is D: Decree holder. 

The decree holder is the person in whose favour the decree has been passed or an assignee of the decree. The decree holder has the right to choose the mode of execution of the decree, subject to the discretion of the court. The decree holder can apply for execution by any of the modes provided in Section 51 of the Code of Civil Procedure, 1908. 

The court may also order execution by any other mode as the nature of the relief granted may require¹. However, the court has the power to refuse execution by any particular mode if it is satisfied that it would cause undue hardship to the judgment debtor or would be unreasonable or inequitable.