Winning a court case is only half the battle — the other half is enforcing the judgment. In Bangladesh, a court decree is enforced through an execution case filed before the execution court. TRW — Tahmidur Rahman Remura Wahid Law Associates handles execution cases with the same vigour as the original suit, ensuring that clients actually receive the benefit of their court victory.
Legal Framework for Execution
Execution of decrees in Bangladesh is governed by Order 21 of the CPC, which contains detailed provisions on the methods of execution, the procedure for filing an execution case, and the remedies available to the decree holder. The execution court has wide powers to enforce decrees, including: attachment and sale of the judgment debtor's property; arrest and detention of the judgment debtor; appointment of a receiver; and delivery of possession of property.
The execution case must be filed before the court that passed the decree or the court to which the decree has been transferred. The limitation period for filing an execution case is 12 years from the date of the decree.
Methods of Execution
TRW uses the following methods of execution depending on the nature of the decree and the judgment debtor's assets. Attachment and sale of movable property: the court attaches the judgment debtor's movable property (bank accounts, vehicles, goods) and orders its sale. Attachment and sale of immovable property: the court attaches the judgment debtor's land or buildings and orders their sale. Arrest and detention: in cases of money decrees, the court can order the arrest and detention of the judgment debtor in civil prison for up to 6 months. Delivery of possession: in cases involving property, the court orders the delivery of possession to the decree holder. See our guide on property cases in Bangladesh.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's civil litigation team handle execution cases across Bangladesh. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: How long does an execution case take in Bangladesh?
A: Execution cases vary in duration. Simple cases (bank account attachment) can be resolved quickly. Complex cases involving property sales may take longer.
Q: Can I execute a decree against a company?
A: Yes. A decree can be executed against a company's assets, including its bank accounts, movable property, and immovable property.
Q: What if the judgment debtor has no assets?
A: TRW investigates the judgment debtor's assets before filing the execution case and advises on the most effective method of execution.
