Introduction

After getting a judgment of a case in one's favour, it's important to consider the judgment's possibility to be enforced. For instance, if a case's decision favours the complainant, it's critical to understand the plaintiff or applicant's likelihood of enforcing that order or judgment. A plaintiff or applicant will want to consider what he knows about the defendant’s or respondent’s income and assets in such circumstances. Does the defendant or respondent own property? Does he have shares in a company? Is he employed? Has he mortgaged anything? Such considerations are crucial because only being successful in court does not ipso facto assures payment or recovery of money from the losing party.

A judgment is usually given after a civil proceeding. On the other hand, orders are given during and even after the court proceedings. The difference between order and judgment is that judgments are the outcome of the court. In contrast, orders are decrees from a judge commanding or directing a specific party to do a specific act. For example, a court may order the defendant to compensate or pay damages to the plaintiff, but the defendant might not pay. If a defendant fails to pay damages or compensation by disobeying the Court's order or judgment, one should understand the Rules of Civil Procedure which provide various methods by which a party may enforce court orders and judgment. Principal methods of enforcement of judgment include,

1) Garnishment

2) Writs

3) Contempt order

1. Garnishment

A creditor who is legally entitled to get compensation money by court's order can enforce the order by garnishing debts. A third party must pay money owing to a defendant directly to the plaintiff. A creditor can obtain the due amount to adjust the wages due to the debtor by their employer. The debts which can be garnished include the due amount of contracts, payment due under a lease or mortgage, payment of royalties, guaranteed investment certificates, payment under a promissory note, etc. Order 21 Rule 46 A to 46 I of the Code of Civil Procedure deals with courts' power to issue garnishee orders. The chief object of the newly inserted Rule 46A is to ensure the payment due to the garnishee's creditor without driving him to suit. The court may, in the case of debt (apart from the debt secured by a mortgage or charge) which has been attached under Rule 46, on the application of the creditor, issue a notice to garnishee who is liable to pay such debt, summon him to pay the due amount in the court to the creditor or give substantial reason/make an argument if any explaining how he is not liable to pay the due amount.

2. Writs

Writs are written orders from the Supreme Court or High Court that command Indian Citizens' constitutional remedies if their fundamental rights are violated. Article 32 in the Indian Constitution has provisions to get a constitutional remedy from the Supreme Court against violating their fundamental rights. The High Court has similar powers under Article 226. There are 5 kinds of writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.

1. Habeas Corpus

The meaning of the word 'Habeas Corpus' in Latin is 'To have the body of.' This writ is used to produce a person before the Court who had been unlawfully detained under 24 hours.

2. Mandamus

The meaning of this writ is 'We command.' The court uses this writ to a public official who had arbitrarily committed his duty or wilfully omitted his legal duty. Apart from public officials, Mandamus can be issued against any public authority, municipal corporation, an inferior court, a tribunal, or government for a similar purpose.

3. Prohibition

The meaning of 'Prohibition' is 'To forbid.' A court that is higher in position, i.e. the power of jurisdiction, issues a Prohibition writ against a lower court to prevent it from transgressing its jurisdiction.

4. Certiorari

The meaning of the writ of 'Certiorari' is 'To be certified' or 'To be informed.' This writ is issued by higher courts to lower courts or tribunals, ordering them to transfer a pending case to a higher court. It is issued on the grounds of inadequate jurisdictional power of the lower court.

5. Quo-Warranto

The literal meaning of the writ of quo-Warranto' is 'By what authority or warrant.' Supreme Court or High Court issue this writ to prevent a person from illegally acquiring a public.

3. Contempt Order

A contempt order is an order by the court addressing a person in contempt of court for failing to act on an earlier court order. (Apart from payment of money) or abstain from doing an act. Contempt orders cannot be ordered if one fails to pay money owing under a court order. In order to obtain a contempt order, a motion has to be submitted to a judge referring the order to be enforced was made. Once a notice of the motion has been served, the judge can issue a warrant for the arrest of a person against whom a contempt order was demanded. The judge must be convinced that the person against whom a contempt order is given is wilfully negligent of law. When a finding of contempt is done, a judge may order the person to be imprisoned, pay a fine, do or abstain from doing something, pay costs, or comply with any other order that the judge has rendered. A judge may also issue a writ of sequestration against the person’s property. For a judge to impose contempt, three conditions must be met:

(1) the order which was breached must state clearly and unequivocally specifying what should and should not be done

(2) the party who disobeyed the Court order should have done it intentionally

3) the evidence must prove contempt without a reasonable doubt.

Thus, the principal methods of enforcement of judgment include garnishment, writs, and contempt order.

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Author: Shweta Singh