Order 21, Rule 11(3) of The Code of Civil Procedure, 1908

Order 21, Rule 11(3) makes it clear that the Court ‘may’ require the decree holder to produce a certified copy of the decree. This clearly indicates that it is not necessary to file a copy of the decree along with execution application unless the Court directs the decree holder to file a certified copy of the decree. As and when the decree holder files an application for execution of any decree, he is required to ensure compliance of three things. First, the written application filed under Order 21, Rules 10 and 11(2) must be duly signed and verified by the applicant or any person, who is acquainted with the facts of the case, to the satisfaction of the Court; Second, the application must contain the details, which are specified in clauses (a) to (j) of Rule 11(2), which include mentioning of the date of the Judgment and the decree; and Third, filing of the certified copy of the decree, if the Court requires the decree holder to file it under Order 21, Rule 11(3).”

Hon’ble Justice Abhay Manohar Sapre, Sir Sobha Singh & Sons Pvt. Ltd. v. Shashi Mohan Kapur (Deceased), [Civil Appeal No. 5534 of 2019].