Execution Case in Bangladesh: How to Enforce a Civil Decree in 2026

by Barrister Tahmidur Rahman | Oct 20, 2026 | Disputes & Public Law, Insights | 0 comments

TRW Insight / Bangladesh

A decree is worth only what its execution recovers. The 2026 amendments to the Code of Civil Procedure let decree-holders execute inside the suit record, call in police support and use a redesigned civil detention scheme, but strict time limits and objection procedures still decide most cases.

Updated 20 October 2026Legal insightBangladesh24 min read

Execution case Bangladesh: enforcing a decree after the 2026 reforms

An execution case Bangladesh courts hear is the stage at which a judgment either becomes money, land or compliance, or stays a piece of paper. Winning a decree does not by itself move a single taka or a single square foot of land. The decree-holder must apply to the executing court, choose the right mode of execution, meet strict time limits and then deal with objections, third-party claims and delay. Since the Code of Civil Procedure (Amendment) Act 2026, the process has changed in important ways: a decree can now be executed inside the original suit record, courts can order law enforcement agencies to assist, and civil detention for money decrees has been redesigned.

This guide explains how execution works in 2026 under Order XXI of the Code of Civil Procedure 1908: where to apply, the limitation rules, attachment and sale of movable and immovable property, arrest and detention, delivery of possession, objections and claims under Order XXI rule 58, the position of section 47 in Bangladesh, transfer of decrees, decrees against the government, and how execution differs for Artha Rin Adalat and Family Court decrees. It is written for decree-holders who want to recover, and for judgment-debtors and third parties who need to protect property.

Execution case Bangladesh — advocate reviewing a civil court decree before filing for execution
Execution starts with reading exactly what the decree orders

Summary: A civil decree in Bangladesh is enforced by an execution application under Order XXI of the Code of Civil Procedure, which since 2026 can be filed in the record of the original suit. The executing court can attach and sell property, deliver possession, detain the judgment-debtor in civil prison for up to six months and direct police assistance. The application must generally be made within three years under article 182 of the Limitation Act, and section 48 of the Code bars fresh applications twelve years after the decree. Artha Rin Adalat and Family Court decrees follow their own one-year execution rules.

Key point: The "twelve years" often quoted for execution is an outer limit, not the ordinary deadline. Article 182 of the Limitation Act gives three years from the decree, or six where a certified copy has been registered, and section 48 of the Code bars fresh applications after twelve years. Artha Rin and Family Court decrees must be put into execution within one year.

At a glance

01

Direct execution

New Order XXI rule 104 lets the court receive the execution application in the suit record and order execution at once.

02

Three-year clock

Article 182 of the Limitation Act gives three years, or six with a registered certified copy; section 48 sets a twelve-year outer bar.

03

Attach and sell

Money decrees reach land, bank balances, debts, shares and goods, subject to the exemptions in section 60.

04

Civil prison

Rule 30A allows detention for up to six months at the Government's cost, with release on a 25 per cent deposit and bond.

05

Special regimes

Artha Rin Adalat and Family Court decrees carry one-year execution deadlines and their own enforcement tools.

Table of Contents

How an execution case Bangladesh courts hear works in 2026

Part II of the Code of Civil Procedure 1908 sets the principles of execution, and Order XXI of the First Schedule sets the procedure.[1] [2] Section 38 provides that a decree may be executed by the court that passed it or by the court to which it is sent. Section 51 lists the court's powers on the decree-holder's application: delivery of property specifically decreed, attachment and sale, arrest and detention, appointment of a receiver, or any other manner the Code provides or the relief requires.[1] Every execution case Bangladesh lawyers file turns on three questions: what exactly the decree orders, what property or person it can reach, and whether time has run out.

The 2026 reforms

The Code of Civil Procedure (Amendment) Act 2026 (Act No. XXXVI of 2026) replaced an interim-government ordinance and took effect from 8 May 2025.[1] [5] Four changes matter most at the execution stage:

  • Direct execution: new Order XXI rule 104 allows the court, subject to limitation, to receive an execution application in the record of the suit, or in a part-file where an appellate or revisional court has called for the record, and to order execution forthwith.[2]
  • Police assistance: new section 94A lets the court direct executive authorities, including law enforcement agencies, to assist a person it designates and report compliance.[1]
  • Redesigned detention: new rule 30A permits detention in civil prison for up to six months for an unpaid money decree, at the Government's expense; old rule 39 has been omitted.[2]
  • Narrower protection from arrest: section 56 now protects only an old, infirm, pregnant or breast-feeding woman from arrest under a money decree, instead of all women.[1]

Why execution decides the value of a judgment

On figures the Law Minister, Md Asaduzzaman, gave Parliament, 1,690,443 civil cases were pending in the subordinate courts on 31 March 2026, of which 377,414 were more than five years old.[13] A decree-holder who plans execution from the day the suit is filed, as our guide to civil suit filing in Bangladesh recommends, recovers faster than one who starts after judgment.

Which court executes the decree

Under Order XXI rule 10, the decree-holder applies to the court that passed the decree or, if it has been sent elsewhere, to the receiving court.[2] Section 37 treats the court of first instance as the court that passed the decree even where the decree was made on appeal, so an appellate decree is normally executed before the trial court.[1] Where one estate lies within two or more courts' jurisdiction, rule 3 lets any of them attach and sell the whole.[2]

Transfer for execution

Section 39 allows the decreeing court, on application, to send the decree to another court where the judgment-debtor actually and voluntarily resides, carries on business or personally works for gain; where his local property is insufficient but he has property within the other court's limits; where the decree directs sale or delivery of immovable property outside the decreeing court's limits; or for any other recorded reason.[1]

Within the same district the decree goes directly to the receiving court; to another district it goes to that district's District Court, which may execute it or pass it to a subordinate court, with a copy of the decree and a certificate of non-satisfaction (rules 5 to 8).[2] Under section 42, the transferee court has the same powers as if it had passed the decree.[1] Transfer is the usual route when a Dhaka debtor holds land elsewhere.

Awards, settlements and foreign judgments

An arbitral award is enforced under section 44 of the Arbitration Act 2001, once the time to apply to set it aside has expired or the application has been refused, "in the same manner as if it were a decree of the Court".[10] Our guide to enforcement of arbitral awards in Bangladesh covers that route.

A pre-case mediation agreement certified by the Chief Legal Aid Officer can found an execution case Bangladesh courts treat like any other: it is treated as a court decree or final order under section 21C of the Legal Aid Services Act 2000 and executed through the competent court.[9] Commercial Court decrees follow the Code, which section 9 of the Commercial Courts Act 2026 applies unless the Act provides otherwise.[11] Section 44A of the Code allows a money decree of a superior court of a notified reciprocating territory to be filed in a District Court and executed as its own, but not an arbitration award, and not if a section 13 exception applies.[1]

Time limits for an execution case Bangladesh law imposes

Limitation is where many decrees are lost, and the "twelve years from the decree" summary repeated online is misleading. Three provisions interact.

Article 182: three years, or six with registration

Article 182 of the Limitation Act 1908 governs execution of a decree or order of any civil court, other than applications covered by section 48 of the Code or article 183. The period is three years, or six where a certified copy of the decree has been registered.[4] Time runs from the latest of several dates, including the decree, the final appellate decree or withdrawal of an appeal, a review decision or amendment, and the final order on an earlier application made in accordance with law for execution or "to take some step in aid of execution".[4] A proper application to the proper court therefore restarts the clock; a defective one may not.

Section 48: the twelve-year bar

Section 48 of the Code provides that, once an application to execute a decree (other than an injunction decree) has been made, no order for execution may be made on a fresh application presented more than twelve years after the decree, or after the relevant default for payments due on a fixed date or periodically. The court may still order execution if the judgment-debtor prevented it by fraud or force within the preceding twelve years.[1] Article 183 separately gives twelve years to enforce a decree of the High Court Division in its ordinary original civil jurisdiction, or an order of the Appellate Division.[4]

Notice where the decree is old

Order XXI rule 22 requires a show-cause notice where the application is made more than two years after the decree, or against a legal representative, unless it is made within two years of the last order against the same party on an earlier application. An order made without notice is not invalid unless the judgment-debtor suffered substantial injury.[2]

The table below compares the main execution regimes. On a phone, scroll it sideways.

Execution regimes in Bangladesh compared
Decree typeGoverning lawTime to applyDetentionKey feature
Ordinary civil decreeCPC Part II and Order XXI3 years (6 if certified copy registered); 12-year bar under s 48Up to 6 months under r 30ADirect execution in the suit record under r 104
High Court Division original decreeCPC; Limitation Act art 18312 yearsAs for civil decreesExecuted as an ordinary original civil decree
Decree against GovernmentCPC s 82As for civil decreesNot applicableReport to Government and 3-month wait
Artha Rin decreeArtha Rin Adalat Ain 2003, ss 28 to 341 year; none after 6 years from first caseUp to 6 months under s 34Sealed tender; vesting in bank if unsold
Family Court money decreeFamily Courts Act 2023, s 171 year after time fixed for paymentUp to 3 months on fine routeChoice of civil or fine route
Arbitral awardArbitration Act 2001, s 44After set-aside period endsAs for civil decreesEnforced as a decree of the Court

Filing the execution application under Order XXI

Apart from an oral application for immediate arrest when a money decree is passed and the judgment-debtor is within the court precincts, every execution application must be in writing, signed and verified, and set out in tabular form the particulars in rule 11(2): the suit number, parties, date of decree, any appeal, any payment or adjustment since the decree, previous applications and results, the amount due with interest, costs, the person against whom execution is sought, and the mode of assistance required.[2]

Choosing the mode and describing the property

The decree-holder must say whether it wants delivery of property, attachment and sale, arrest and detention, a receiver or other relief. Rule 21 lets the court refuse execution against both person and property at once, so a combined approach should be justified.[2] Movables not in the judgment-debtor's possession need an inventory (rule 12); immovable property must be identified by boundaries or survey and settlement record numbers, with the judgment-debtor's share specified (rule 13).[2] Rule 17 lets defects be cured, and the amended execution application is treated as presented on its original date, which protects limitation.[2]

Any one of several joint decree-holders may execute the whole decree for all (rule 15), and a written assignee may apply after notice to the transferor and judgment-debtor (rule 16).[2] If the judgment-debtor dies, section 50 permits execution against his legal representative, but only to the extent of the deceased's property in that representative's hands.[1] The sequence we use to prepare an execution case Bangladesh courts will admit without delay is set out below.

Step 01

Read the decree

Confirm what it orders, against whom, any time fixed for payment, and whether it is a civil, Artha Rin, Family Court or award decree.

Step 02

Fix the deadline

Calendar article 182, the section 48 twelve-year bar, or the one-year Artha Rin and Family Court limits from the right starting date.

Step 03

Map the assets

Search land records, bank relationships, receivables and shares; consider an Order XXI rule 41 examination of the judgment-debtor.

Step 04

Choose the forum

File in the suit record under rule 104, or seek transfer under section 39 where the debtor or property is in another district.

Step 05

Draft the application

Complete every rule 11 particular, describe property under rules 12 to 14 and state the mode of execution sought.

Step 06

Attach early

Obtain prohibitory or seizure orders at once so that section 64 voids later transfers and protects priority.

Step 07

Apply pressure

Seek detention under rule 30A where the debtor has means, and police assistance under section 94A where resistance is likely.

Step 08

Close the sale

Push the proclamation and auction through, answer rule 58, 89 and 90 applications, and obtain the sale certificate and possession.

Finding the assets

Rule 41 is underused. For a money decree, the court may order the judgment-debtor, an officer of a judgment-debtor company or any other person to be orally examined on debts owed to the judgment-debtor and his other property, and to produce books and documents.[2] In any execution case Bangladesh debtors contest, an examination combined with land-record and bank searches often turns a paper decree into a target list.

Money decrees: attachment of movable and immovable property

Rule 30 provides that a money decree may be executed by detention in civil prison, by attachment and sale, or by both.[2] Section 60 makes liable land, buildings, goods, money, cheques, hundis, promissory notes, government securities, bonds, debts, shares in a corporation and all other saleable property belonging to the judgment-debtor or over which he has a disposing power for his own benefit, whether held in his name or by another in trust for him.[1]

What is exempt

The proviso to section 60 protects, among other items, necessary clothing, cooking vessels and bedding; artisans' tools and an agriculturist's implements, cattle and seed-grain; an agriculturist's occupied house; books of account; a mere right to sue for damages; government pensions; labourers' and domestic servants' wages; and salary to the extent of the first hundred taka and one-half of the remainder.[1]

How attachment is made

  • Movables in the judgment-debtor's possession: actual seizure, with perishables sold at once (rule 43).[2]
  • Debts, shares and movables held by others: a written prohibitory order to the debtor, the company or the holder; a garnishee may pay into court and is discharged (rule 46).[2]
  • Salary of public servants: an order to the disbursing officer to withhold the attachable portion (rule 48).[2]
  • Partnership property: attachable only under a decree against the firm, though a partner's interest can be charged and a receiver appointed (rule 49).[2]
  • Immovable property: an order prohibiting transfer or charge, proclaimed by beat of drum and affixed on the property, the court-house and, for revenue-paying land, the Collector's office (rule 54).[2]

Once attachment is made, section 64 renders any private transfer of the property, and any payment to the judgment-debtor contrary to the attachment, void against all claims enforceable under it, including rateable distribution.[1] Attachment is withdrawn if the decree is paid into court, satisfied or set aside (rule 55), and ceases if the application is dismissed for the decree-holder's default (rule 57).[2]

Execution case Bangladesh — property attached in execution of a money decree
Attachment under Order XXI voids later private transfers

Sale in execution and setting a sale aside

The executing court may order attached property, or as much as is needed, to be sold by public auction after a proclamation stating the property, encumbrances, the amount to be recovered and anything material to a buyer (rules 64 to 66).[2] Without the judgment-debtor's written consent, no sale may take place until thirty days for immovables, or fifteen days for movables, after the proclamation is affixed on the court-house (rule 68). A sale adjourned for more than thirty days needs a fresh proclamation, and every sale stops if the debt and costs are tendered before the lot is knocked down (rule 69).[2]

Bidding, deposit and payment

The decree-holder may bid only with the court's express permission, and may then set the price off against the decree (rule 72). The buyer of immovable property must deposit 25 per cent immediately and pay the balance before the court closes on the fifteenth day; on default the deposit may be forfeited and the property resold (rules 84 to 86).[2] A co-sharer's equal bid for an undivided share prevails (rule 88). Rule 83 lets the court postpone a sale so that the judgment-debtor can raise the money by a court-approved mortgage, lease or private sale, with proceeds paid into court.[2]

Applications to set aside a sale

Under rule 89, a person owning or holding an interest in the property under a pre-sale title may have the sale set aside by depositing 5 per cent of the price for the purchaser and the proclamation amount, less sums since received, within thirty days of the sale. Under rule 90, the decree-holder or anyone affected may apply for material irregularity or fraud in publishing or conducting the sale, but must prove substantial injury. Under rule 91, the purchaser may apply if the judgment-debtor had no saleable interest.[2]

If no application succeeds, the court confirms the sale and it becomes absolute; no suit lies to set aside an order under rule 92, but Order XLIII rule 1(j) makes an order setting aside or refusing to set aside a sale appealable.[2] The court then issues a sale certificate and delivers possession, physically where the judgment-debtor occupies and symbolically where a tenant does (rules 94 to 96).[2] Under section 73, sale proceeds are distributed rateably among all decree-holders who applied for execution against the same judgment-debtor before the court received the assets, so a creditor who learns of another's attachment should file at once.[1]

Arrest and detention in civil prison

Detention is a coercive tool, not a punishment. The proviso to section 51 bars detention for a money decree unless, after an opportunity to show cause, the court records that the judgment-debtor is likely to abscond, or has dishonestly transferred, concealed or removed property since the suit; or has, or has had since the decree, the means to pay a substantial part and refuses or neglects to pay; or owed the sum in a fiduciary capacity.[1]

The procedure

Rule 37 requires a show-cause notice rather than an arrest warrant unless the judgment-debtor is likely to abscond. On appearance or arrest, rule 40 requires an inquiry, and before ordering detention the court may leave him in a court officer's custody for up to fifteen days, or release him on security, to give him a chance to pay.[2] Section 55 bars entry into a dwelling-house to arrest between sunset and sunrise, and a judgment-debtor who pays the decretal amount and costs to the arresting officer must be released at once.[1]

Rule 30A after the 2026 amendment

Rule 30A allows detention in civil prison for the unpaid decretal amount for up to six months, or until payment if earlier, with subsistence costs borne by the Government. It does not apply to a minor, a person of unsound mind, a declared insolvent or an heir substituted for the original judgment-debtor.[2]

A detained judgment-debtor who deposits at least 25 per cent with a bond to pay the balance within 60 days must be released, and may be re-detained for up to six months on default. After a full term he cannot be detained again under the same decree, and detention never discharges the debt.[2] Section 58, which still fixes six months for decrees above fifty taka and six weeks otherwise, should be read with rule 30A.[1]

Who is protected

Section 56 now bars arrest or detention under a money decree only of an old, infirm, pregnant or breast-feeding woman, and section 55(3) still requires the court to tell an arrested judgment-debtor that he may apply to be declared insolvent.[1] Directors and principal officers of a company may be detained, with leave, only to enforce decrees for specific performance or injunctions (rule 32(2)); a money decree against a company is enforced against its assets.[2]

Possession decrees and other non-money decrees

Under rule 35, possession of immovable property is delivered to the decree-holder, removing any person bound by the decree who refuses to vacate; where access is refused, the court's officers may, after reasonable warning, remove locks or break open doors. Joint possession is delivered by affixing the warrant and proclamation.[2] Where a tenant entitled to occupy and not bound by the decree is in occupation, rule 36 provides only symbolic delivery.[2]

Resistance and obstruction

A decree-holder or auction purchaser who is resisted may complain under rule 97. If the resistance came without just cause from the judgment-debtor or someone at his instigation, the court puts the applicant into possession and may detain the obstructor in civil prison for up to thirty days (rule 98); if it came from a person claiming in good faith to possess on his own account, the application is dismissed (rule 99).[2]

A third party wrongly dispossessed may be restored (rules 100 and 101), but not a person to whom the judgment-debtor transferred the property after the suit began (rule 102). These orders are conclusive, subject to a regular suit by a non-judgment-debtor (rule 103).[2] New rule 104(2) lets the court direct an appointee and, if necessary, law enforcement to place the decree-holder or purchaser in possession.[2]

Execution case Bangladesh — keys handed over on delivery of possession under a decree
Possession decrees turn on resistance and occupation

Specific movables, injunctions and documents

A decree for a specific movable is executed by seizure and delivery, or by detention or attachment (rule 31). A decree for specific performance or an injunction may be enforced against a party who wilfully disobeys by detention, attachment or both, with sale after one year; the court may also have the act done by another at the judgment-debtor's cost (rule 32).[2] Where the judgment-debtor refuses to sign a document such as a sale deed, the court settles the decree-holder's draft and the judge executes it with the same effect (rule 34).[2] Interim orders before decree are covered in our guide to temporary injunctions in Bangladesh.

Objections: section 47 and Order XXI rule 58 in Bangladesh

Lawyers trained on Indian commentaries often reach first for section 47, which in India makes the executing court decide all questions between the parties relating to execution. In Bangladesh, section 47 was omitted by the Code of Civil Procedure (Amendment) Ordinance 1983 (Ordinance No. XLVIII of 1983).[3] An objection in an execution case Bangladesh courts are hearing must therefore fit within the procedures that remain, and Indian authorities on section 47 should be used with care.

Objections by the judgment-debtor

  • Show cause under rules 22 and 23: where notice issues, the court must consider any objection and make such order as it thinks fit.[2]
  • Payment or adjustment: an out-of-court payment counts only if certified by the decree-holder or recorded on the judgment-debtor's application (rule 2).[2]
  • Stay: a transferee court may stay execution for a reasonable time so that the judgment-debtor can apply to the decreeing or appellate court (rule 26), and execution may be stayed on terms while the judgment-debtor's own suit against the decree-holder is pending (rule 29).[2]
  • Sale-stage remedies: postponement under rule 83 and setting aside under rules 89 and 90.[2]

An executing court cannot go behind the decree. In Kazi Abdul Mannan v Chayan Begum (Civil Revision No. 1672 of 2021, 13 July 2025), the High Court Division held that compound interest in a final, affirmed decree could not be reopened by the executing court or in revision, and that a final decree cannot be defeated by unilateral offers.[12] Merits challenges belong in appeal, review or a proceeding against the decree itself.

Third-party claims under Order XXI rule 58

Where a claim or objection is made that attached property is not liable to attachment, rule 58 requires the court to investigate it as if the claimant were a party to the suit, and allows an advertised sale to be postponed. No investigation is made if the claim was designedly or unnecessarily delayed.[2] The claimant must prove an interest in, or possession of, the property at the date of attachment (rule 59). The court releases the property if the judgment-debtor did not hold it on his own account (rule 60), disallows the claim if he did (rule 61), and may continue the attachment subject to a mortgage or charge (rule 62).[2]

The remedy afterwards is Bangladesh-specific. The 1983 Ordinance omitted rule 63, which allowed a regular suit, and inserted clauses into Order XLIII rule 1 making orders under rule 60 releasing property, and under rule 61 disallowing a claim, appealable.[2] A third party whose flat or account is caught up in an execution case Bangladesh courts are running should claim promptly, prove possession at the date of attachment and diary the appeal period.

Executing court

Court that passed the decree

Receives the application in the suit record under rule 104, or executes a transferred decree with full powers under section 42.

Transferee court

District Court of another district

Receives transferred decrees under rules 5 to 8 and executes them or passes them to a subordinate court.

Enforcement

Court officers and law enforcement

Carry out attachment, sale and delivery; police assist on the court's direction under section 94A.

Bank decrees

Artha Rin Adalat

Executes loan decrees under its own one-year limit, sealed-tender auctions and section 34 detention.

Family decrees

Family Court

Executes dower and maintenance decrees as civil money decrees or as fines under section 17 of the 2023 Act.

Appeals

District Judge and High Court Division

Hear appeals against rule 60, 61 and 92 orders under Order XLIII and revisions of other execution orders.

Execution against the government

Under section 82, a decree against the Government, or against a public officer for an official act, must specify a time for satisfaction. If it is not satisfied, the court reports the case for the Government's orders, and execution cannot issue until the decree remains unsatisfied for three months after that report.[1]

In an execution case Bangladesh courts hear against a ministry or public body, the decree-holder should ensure that the decree states the compliance period, press for the report once it expires and calendar the three-month window. A public servant's salary can also be attached through the disbursing officer under rule 48.[2] Where a public authority refuses to comply, a writ petition to the High Court Division may be considered alongside execution.

Money decrees versus possession decrees in practice

A money decree is a hunt for assets: identify land, accounts, receivables and shares, attach them before they move, push through sale, and use detention as leverage where the debtor has means but will not pay. Section 64 makes speed decisive, because attachment voids later private transfers.[1]

In a possession-based execution case Bangladesh courts usually face a fight about occupation. It needs a schedule of land that matches the record of rights, evidence of who occupies and in what capacity, and an early application for police assistance under section 94A or rule 104(2) where resistance is expected.[1] [2] Decrees in land disputes are the most common source of resistance proceedings. Mixed decrees, such as possession with mesne profits, should run on both tracks; rule 42 even allows attachment before mesne profits are quantified.[2]

Artha Rin execution: how bank decrees differ

Artha Rin Adalat decrees are executed under Chapter 6 of the Artha Rin Adalat Ain 2003, which overrides the Limitation Act and the Code where it differs.[6] Our guide to the Artha Rin Adalat in Bangladesh covers the suit and auction in detail; the key contrasts with an ordinary civil execution case Bangladesh courts hear are these:

  • One year, not three: section 28 requires filing within one year of the decree, a further case within one year of the previous one's disposal, and none after six years from the first; a late case is dismissed without admission.[6]
  • No automatic stay: an appeal or revision does not stay execution unless the higher court expressly orders it (section 31).[6]
  • Costly third-party claims: unlike a rule 58 claim, a claimant must lodge security of 10 per cent of the unpaid decretal amount, and the court must decide within 30 days, extendable by 30 (section 32).[6]
  • Sealed tenders and vesting: sale is by sealed tender on at least 15 days' newspaper notice, and unsold property vests in the bank with possession until the decree is satisfied (section 33).[6]
  • Detention reaches directors: section 34 allows six months' detention, extends it to the natural persons behind a borrowing company or firm, and releases a debtor who pays 25 per cent with a bond to pay the rest within 90 days.[6]

In April 2026, Supreme Court data showed 33,406 Artha Rin execution cases pending, involving about Tk 57,000 crore, with 1,108 pending for more than a decade; bankers and lawyers have called for the separate execution case to be abolished.[7]

Executing Family Court decrees

Section 17 of the Family Courts Act 2023 (Act No. 26 of 2023) contains its own execution code, so a Family Court execution case Bangladesh practitioners file follows different rules. If a money decree, such as one for dower or maintenance, is not paid within the time the court fixes, the decree-holder must apply within one year after that time expires.[8]

The decree is then executed either as a civil court money decree under the Code, with the Family Court exercising all civil court powers, or like a magistrate's order to pay a fine under the Code of Criminal Procedure. On the fine route the judge, deemed a first-class magistrate, may issue a warrant and order imprisonment for up to three months or until payment, whichever is earlier.[8]

Non-money decrees are executed as civil decrees. The Family Court may execute its decree itself or transfer it to another Family Court with the same powers, and may order payment in instalments.[8] Our guides to dower recovery and maintenance cases explain how these decrees are obtained. The Kazi Abdul Mannan case arose from a Family Execution Case in Bagerhat, and shows that a husband cannot reopen the decree at the execution stage.[12]

Execution case Bangladesh strategy: what works and what to avoid

  • Plan execution before judgment: map assets during the suit and seek interim protection where there is evidence of dissipation.
  • Diary the right deadline: one year for Artha Rin and Family Court decrees, three years (or six with registration) for ordinary civil decrees, and the twelve-year bar in section 48.[4] [6] [8]
  • Use direct execution: file the execution application under rule 104 in the suit record as soon as the decree is drawn up.[2]
  • Attach first, argue later: attachment triggers section 64 and protects priority; rule 41 examination and detention add pressure.[1] [2]
  • Get payments certified: a judgment-debtor who pays out of court must have the payment certified or recorded under rule 2, or risk paying twice.[2]
  • Protect the auction: challenge an irregular sale promptly under rule 90; for the debtor, a rule 89 deposit within thirty days is the cleanest way to save the property.[2]

The costliest mistakes reverse that list: waiting for an appeal without a stay in place, describing land inaccurately so that the attachment fails, paying a creditor in cash without certification, and third parties raising a rule 58 claim months after attachment and being refused investigation for delay.

Execution case Bangladesh — planning recovery strategy for a decree-holder
Deadlines, asset maps and early attachment drive recovery

What to watch in 2026

Three developments will shape execution practice. First, how courts apply direct execution under rule 104, including the part-file procedure while appeals are pending. Second, whether the redesigned civil prison scheme in rule 30A, read with section 58, produces more settlements now that the Government, not the creditor, pays for detention.[2] [5] Third, whether Parliament acts on calls to fold Artha Rin execution into the suit itself, as the civil courts now permit.[7]

TRW acts for decree-holders, judgment-debtors, auction purchasers and third-party claimants in every kind of execution case Bangladesh courts hear. Our dispute resolution team, banking and finance litigation practice and real estate disputes practice can review a decree, map assets and file within time, or you can contact TRW directly.

Frequently asked questions

What is an execution case in Bangladesh?

It is the proceeding by which a decree-holder asks the court to enforce a decree under Part II and Order XXI of the Code of Civil Procedure 1908, by delivery of property, attachment and sale, detention, a receiver or other relief.[1]

Do I need a separate execution case after winning a civil suit?

Not necessarily. Since the 2026 amendment, Order XXI rule 104 allows the court to receive the execution application in the record of the original suit, or in a part-file if the record is with a higher court, and to order execution at once.[2]

What is the time limit to execute a civil decree?

Generally three years under article 182 of the Limitation Act, or six if a certified copy of the decree has been registered, with time restarting on lawful steps in aid of execution. Section 48 of the Code bars fresh applications more than twelve years after the decree.[4] [1]

Can the judgment-debtor be sent to civil prison?

Yes, for up to six months for an unpaid money decree, after a show-cause inquiry. He must be released on depositing at least 25 per cent with a bond to pay the rest within 60 days. Minors, persons of unsound mind, declared insolvents and substituted heirs cannot be detained.[2]

Can a decree be executed in another district?

Yes. Under section 39 the decreeing court can transfer the decree to a court where the judgment-debtor lives or works, or where his property is; the receiving court has the same powers as if it had passed the decree.[1]

My property was attached for someone else's debt. What can I do?

File a claim under Order XXI rule 58 promptly, proving your interest or possession at the date of attachment. An order releasing the property or disallowing the claim is appealable under Order XLIII rule 1.[2]

Does section 47 apply in Bangladesh?

No. Section 47 was omitted by the Code of Civil Procedure (Amendment) Ordinance 1983, so objections must be raised through the specific procedures in Order XXI and the rest of the Code.[3]

How is a decree against the government executed?

The decree must fix a time for satisfaction. If it is not satisfied, the court reports to the Government, and execution can issue only if the decree remains unsatisfied three months after the report.[1]

How long does a bank have to execute an Artha Rin decree?

One year from the decree under section 28 of the Artha Rin Adalat Ain 2003, a further case within one year of the previous case's disposal, and none more than six years after the first.[6]

How is a Family Court dower or maintenance decree enforced?

On an application within one year after the payment deadline, either as a civil money decree with attachment and sale, or like a fine, with a warrant and imprisonment for up to three months or until payment.[8]

Source register

Primary legal and regulatory sources

Materials checked on 20 October 2026. Confirm the current official text before relying on any provision.

  1. Code of Civil Procedure 1908 (Act No. V of 1908), Part II and sections 80 to 94A, as amended by Act No. XXXVI of 2026 — Laws of Bangladesh
  2. Code of Civil Procedure 1908, First Schedule (Orders XXI and XLIII), updated April 2026 — Laws of Bangladesh
  3. Code of Civil Procedure 1908, section 47 (omitted by Ordinance No. XLVIII of 1983) — Laws of Bangladesh
  4. Limitation Act 1908, First Schedule (articles 182 and 183) — Laws of Bangladesh
  5. VDB Loi, 1 July 2025 — Civil procedure reform in Bangladesh: a new era of judicial efficiency
  6. Artha Rin Adalat Ain 2003 (Act No. 8 of 2003), Chapter 6, sections 28 to 34 — Laws of Bangladesh
  7. The Business Standard, 22 April 2026 — 'Double legal process' stalls defaulted loan recovery for years
  8. Family Courts Act 2023 (Act No. 26 of 2023), section 17 (enforcement of decrees) — Laws of Bangladesh
  9. Legal Aid Services Act 2000, section 21C (effect of mediation agreement) — Laws of Bangladesh
  10. Arbitration Act 2001 (Act No. I of 2001), English text hosted by BIAC
  11. Commercial Courts Act 2026 (Act No. 23 of 2026), section 9 — Laws of Bangladesh
  12. High Court Division, Kazi Abdul Mannan v Chayan Begum, Civil Revision No. 1672 of 2021 (13 July 2025)
  13. bdnews24.com, 7 July 2026 — Law Minister: 46.39 lakh cases pending in the country's courts (Bangla)

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