TRW & Co · Courts and civil disputes
How to Execute a Decree in Bangladesh: Getting Paid After You Win
Knowing how to execute a decree in Bangladesh is what turns a court win into payment or possession. You apply to the court that passed the decree, name the debtor's assets and the mode of execution, and the court attaches, sells, delivers or detains. Reforms in force since May 2025 make execution faster, but strict time limits still apply.
Key pointLeverage in execution comes from naming real, unencumbered assets early and filing within the Article 182 period; a late or vague application can lose a decree that took years to win.
At a glance
Order XXI governs
Execution runs under sections 36 to 74 and Order XXI of the Code of Civil Procedure 1908, with special rules for Artha Rin Adalat decrees.
Same court executes
The court that passed the decree executes it, or transfers it under section 39 to a court where the debtor lives or holds property.
2025 reforms apply
Since 8 May 2025 execution can proceed within the suit record, and courts can direct police and other authorities to assist.
Detention up to six months
New rule 30A allows civil detention of a defaulting money-decree debtor for up to six months, at State cost, without discharging the debt.
Strict time limits
Article 182 of the Limitation Act sets the ordinary period, generally three years, and section 48 sets a twelve-year outer limit.
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The short answer: how to execute a decree in Bangladesh
If you want to know how to execute a decree in Bangladesh, the answer starts with one document: an execution application to the court that passed the decree, made under Part II and Order XXI of the Code of Civil Procedure 1908. The court then uses the powers in section 51 of the Code to make the judgment debtor comply: delivering property, attaching and selling assets, appointing a receiver or, for money decrees, ordering civil detention.
Winning the suit does not put money in your account. A decree is a court order that the other side can ignore until the court compels it, and execution is that compulsion. Many decree-holders in Chattogram lose months or years because they treat execution as an afterthought, file late, or ask for the wrong kind of relief.
Amendments to the Code that took effect on 8 May 2025 made execution faster and more forceful: execution can now proceed within the same suit record, the court can direct the police and other executive authorities to help, and the rules on civil detention were rewritten. This guide explains how execution works now, what it realistically achieves, and how to plan it.
The legal framework for execution
Execution of civil decrees is governed by sections 36 to 74 of the Code of Civil Procedure and by Order XXI in its First Schedule. Special laws add their own execution rules: money decrees obtained by banks and financial institutions are executed under the Artha Rin Adalat Ain 2003, and arbitral awards become enforceable as if they were decrees once the time to challenge them has passed.
Which court executes the decree
Under section 38, a decree may be executed either by the court that passed it or by the court to which it is sent for execution. Section 39 allows the decree to be transferred, for example where the judgment debtor lives, or owns property, in another district. A decree passed in Dhaka against a debtor whose land is in Chattogram can therefore be sent to a Chattogram court, which then has the powers listed in section 42 for the transferred decree.
The court's powers under section 51
Section 51 lists the core tools. Subject to the conditions in the Code, the court may order execution by delivery of specifically decreed property; by attachment and sale, or sale without attachment, of property; by arrest and detention in civil prison; by appointing a receiver; or in any other manner the nature of the relief requires.
The 2025 reforms
The Code of Civil Procedure (Amendment) Ordinance 2025 (Ordinance No. XVIII of 2025), in force from 8 May 2025, made several changes that matter for anyone learning how to execute a decree in Bangladesh today:
- Direct execution in the suit. A new rule 104 in Order XXI allows the court to take the execution application within the suit record and order immediate execution, rather than treating execution as a wholly separate case.
- Help from the authorities. A new section 94A lets the court direct executive authorities, including law enforcement agencies, to assist with executing decrees and orders and to report on compliance.
- Civil detention rewritten. A new rule 30A in Order XXI allows detention of a judgment debtor who fails to pay a money decree for up to six months, with the State bearing subsistence costs. The old section 57 and the rule requiring the decree-holder to pay a subsistence allowance were repealed.
- Narrower exemption. Section 56 now protects from arrest in a money decree only a woman who is old, infirm, pregnant or breastfeeding, not every woman as before.
Practitioner summaries of the ordinance, such as this overview of the civil procedure reforms, set out the changes in more detail. Always check the current consolidated text before relying on a specific rule.
Time limits: do not let the decree go stale
Timing is the first thing to get right when working out how to execute a decree in Bangladesh, because execution is time-limited. Article 182 of the Limitation Act 1908 sets the ordinary period for applying to execute a decree, generally three years running from the date of the decree or from a later event the Article specifies, such as an appeal decree. Section 48 of the Code then sets an outer limit of twelve years for fresh applications, subject to narrow exceptions.
The High Court Division has enforced these limits strictly. In Md. Akbor Hossain and others v Islami Bank Bangladesh (Civil Revision No. 387 of 2021), decided on 28 May 2024, the court held a money execution case absolutely barred by limitation. It rejected the decree-holder's excuse that the trial record had been with the High Court Division during the first appeal, noting that an execution case needs the judgment and decree, not the whole record.
The practical rule is simple: apply for certified copies of the judgment and decree as soon as they are signed, and file for execution promptly. Our guide to limitation periods in Bangladesh explains how these deadlines interact with appeals.
An appeal does not by itself stop execution. Unless the appellate court grants a stay, the decree-holder may proceed. Debtors who want time should seek a stay early; decree-holders should file anyway and let the debtor carry the burden of obtaining one.
How to execute a decree in Bangladesh, step by step
The exact sequence of how to execute a decree in Bangladesh depends on the type of decree and the court, but a typical money or property execution in the Chattogram civil courts follows this order.
- Obtain certified copies. Apply for certified copies of the judgment and the formal decree immediately. Check that the decree states the relief precisely, including amounts, interest, costs and the description of any property.
- Map the debtor's assets. Before filing, identify land (khatian and deed details), buildings, bank accounts, shares, vehicles, receivables and business premises. Execution only reaches what you can name.
- File the execution application. File in the court that passed the decree, or ask it to transfer the decree under section 39 if the assets lie elsewhere. The application states the decree, any payments received, and the mode of execution sought. Since 2025 the court can take this within the suit record.
- Notice and objections. The court issues notice where the rules require it. The judgment debtor may object, for example that the decree has been satisfied or that execution is time-barred. Third parties may claim attached property as their own.
- Attachment. The court attaches the specified property. Under section 64, any private transfer of attached property by the debtor after attachment is void against claims enforceable under the attachment, which is why prompt attachment matters.
- Sale or delivery. For money decrees, attached property is sold by public auction under Order XXI, and the proceeds are paid out, rateably among decree-holders where section 73 applies. For possession decrees, the court delivers the property, if necessary with police help.
- Arrest and detention where justified. If the debtor has means but refuses to pay, the decree-holder may seek arrest and civil detention under section 55 and the new rule 30A. Detention does not cancel the debt.
- Satisfaction and closure. Payments are certified to the court and the execution case is closed when the decree is satisfied in full, or partly satisfied with the balance kept alive within the limitation period.
Modes of execution compared
Choosing the right mode is the heart of how to execute a decree in Bangladesh effectively. The table compares the main options.
| Mode | Best for | Strengths | Limitations |
|---|---|---|---|
| Attachment and sale of land | Money decrees against landowners | Land is hard to hide; attachment freezes dealings | Title defects, prior mortgages and third-party claims slow sales; auctions may attract low bids |
| Attachment of bank accounts and debts | Trading companies and salaried debtors | Fast if the account is known; reaches money directly | Accounts are emptied once the debtor senses risk; needs precise details |
| Delivery of possession | Decrees for possession, eviction or specific property | Police assistance now expressly available under section 94A | Resistance and fresh claims by occupants; needs careful identification of the property |
| Arrest and civil detention | Debtors with means who refuse to pay | Strong pressure; partial payment and bond can secure release | Up to six months only; does not discharge the debt; certain women are exempt |
| Receiver | Rents, business income, complex assets | Captures income streams over time | Costly and slower; requires supervision by the court |
Bank decrees, arbitral awards and foreign judgments
Artha Rin Adalat decrees
Banks and financial institutions recover loans in the Artha Rin Adalat (Money Loan Court) and execute their decrees in that court under the Artha Rin Adalat Ain 2003, with the Code applying only where consistent. The special law gives lenders strong tools, including civil detention, and its own procedural rules. See our guides to money loan court procedure and our money loan court practice in Chattogram.
Arbitral awards
Under the Arbitration Act 2001, a domestic award that is not set aside is enforced as if it were a court decree, so the same execution machinery applies. Foreign awards first need recognition through an enforcement application in the District Court in Dhaka; our article on how to enforce a foreign arbitral award covers that step.
Foreign judgments
Section 44A allows decrees of superior courts in the United Kingdom and other territories declared reciprocating to be executed as if passed in Bangladesh, once a certified copy is filed. Judgments from other countries usually have to be sued on afresh. See enforcing a foreign judgment in Bangladesh.
An illustrative scenario
This scenario is illustrative only; the parties are generic.
A supplier in Chattogram wins a money decree against a distributor for unpaid invoices, with costs and interest. The distributor does not appeal but does not pay either. The supplier waits a year, hoping for a settlement, and only then looks at execution.
By now the distributor has closed one bank account and sold a vehicle. The supplier's advocates search land records and find a commercial plot in the distributor's name in Chattogram, with no registered mortgage. They file the execution application within the Article 182 period, asking for attachment of the plot and of a second account identified through trade correspondence.
The plot is attached. The distributor objects that the debt was partly paid in cash; the court asks for proof, which the distributor cannot produce. Faced with an auction, the distributor offers a structured settlement with a substantial first payment. The supplier agrees, the payments are certified to the court, and the attachment is kept in place until the final instalment clears.
The lesson for anyone weighing how to execute a decree in Bangladesh is that leverage in execution comes from naming real assets early. Had the supplier attached the bank account in the first month, it might not have needed the auction threat at all.
Risks and common mistakes in execution
Most failures in how to execute a decree in Bangladesh come from a handful of avoidable errors.
Filing late and losing the decree
Execution is barred if not sought within the period in Article 182 of the Limitation Act, and section 48 sets an outer limit of twelve years. Decree-holders often delay while negotiating informally, then find the debtor arguing limitation. Courts treat these limits strictly, and the Akbor Hossain decision shows that excuses about missing records will not save a late application. If you are negotiating, file first and negotiate within the execution case, or obtain a written acknowledgment and take advice on its effect.
Vague asset descriptions
Courts attach what is identified. An application that asks to attach "the debtor's properties" without dag, khatian, mouza and deed details, or "his bank accounts" without the bank and branch, wastes hearings. Spend time before filing on land record searches, company searches at the RJSC, and any information in the trial record. In Chattogram, land in different mouzas and city areas may need searches at different offices, so start early.
Ignoring third-party claims and prior mortgages
Attached property may be claimed by a relative, a purchaser or a bank holding a mortgage. A bank's prior charge usually ranks ahead of an unsecured decree-holder, and a contested claim adds hearings. Check encumbrances at the sub-registry before choosing which property to attach, and prefer clean assets even if they are smaller. A modest, unencumbered plot often produces more than a valuable but heavily mortgaged factory.
Relying only on civil detention
Detention is a pressure tool, not a payment method. It is limited to six months under the new rule 30A, it does not extinguish the debt, and some debtors would rather sit out the period than pay. Detention works best alongside attachment, so that the debtor faces both the loss of liberty and the loss of assets. It is also unsuitable where the debtor genuinely has no means, because the court will be reluctant to order it.
Not keeping execution alive after part-payment
Settlements in execution often collapse after the first instalment. If the decree-holder withdraws the execution case on signing a settlement, it may need to start again, sometimes close to the limitation deadline. Record the settlement with the court, keep the attachment in place until the final payment, and make sure any default clause allows immediate continuation.
Decree-holders and debtors outside Bangladesh
Many Chattogram decree-holders live abroad, in the UK, the Gulf or Singapore, and many debtors move assets offshore. Non-resident decree-holders can pursue execution through a properly attested power of attorney and local advocates; our guide to running a court case from abroad explains the formalities.
Where a Bangladeshi decree must be enforced overseas, the rules of the foreign country apply, and a Bangladeshi decree may need fresh proceedings there. TRW & Co's offices in Dhaka, Singapore, Dubai and London help coordinate parallel steps and gather asset information across borders.
What to do next: an execution checklist
- Get certified copies of the judgment and decree the day they are available.
- Diarise the Article 182 deadline and the section 48 outer limit.
- Build an asset list: land, buildings, accounts, shares, vehicles, receivables.
- Check encumbrances on land before choosing what to attach.
- Decide the mode of execution, and combine attachment with detention where the debtor has means.
- Ask for police assistance under section 94A where resistance is likely.
- Record any settlement with the court and keep attachments in place until paid.
TRW & Co's Bangladesh advocates appear in the Chattogram civil courts, the Artha Rin Adalat and the High Court Division, and handle execution from asset tracing to auction. See our decree execution practice, our civil litigation team, the Chattogram office page, or contact us to discuss a decree.
Frequently asked questions
01How long do I have to execute a decree in Bangladesh?
Article 182 of the Limitation Act 1908 sets the ordinary period for an execution application, generally three years from the date of the decree or from a later date the Article specifies, such as the date of an appellate decree. Section 48 of the Code of Civil Procedure adds an outer limit of twelve years for fresh applications. Courts apply these limits strictly, so file promptly and take advice before relying on any later starting point or acknowledgment.
02Where do I file an execution case in Chattogram?
File in the court that passed the decree. If the decree was passed in Chattogram, that is the relevant civil court there, for example an Assistant Judge, Senior Assistant Judge or Joint District Judge court depending on the suit. If the decree was passed elsewhere but the debtor's assets are in Chattogram, ask the original court to transfer it for execution under section 39. Bank decrees are executed in the Artha Rin Adalat that passed them.
03Can a judgment debtor be sent to jail for not paying?
Yes, in a money decree the court can order arrest and civil detention where the debtor has means but refuses to pay. Since the 2025 amendments, rule 30A of Order XXI allows detention for up to six months, with the State bearing subsistence costs, and release on partial payment with a bond. Detention does not cancel the debt. Women who are old, infirm, pregnant or breastfeeding are protected from arrest in money decrees.
04Does an appeal stop execution of a decree?
Not automatically. An appeal does not operate as a stay unless the appellate court orders one, so the decree-holder may proceed with execution while the appeal is pending. A debtor who wants to pause execution should apply for a stay promptly, and the court may impose conditions such as a deposit or security. Decree-holders should therefore file for execution rather than wait for the appeal.
05What can be attached in execution of a money decree?
Section 60 of the Code makes most property of the debtor liable to attachment and sale, including land, buildings, bank balances, debts owed to the debtor, shares and movable goods, subject to listed exemptions for certain essentials. Property must be identified precisely. Land needs mouza, khatian, dag and deed details, and accounts need the bank and branch. Prior mortgages and third-party claims can affect what you recover.
06How long does execution take in Bangladesh?
There is no fixed period. A straightforward attachment of a known bank account can resolve quickly, while auctions of contested land, third-party claims and stay applications can take much longer. The 2025 reforms, including direct execution within the suit and court-directed police assistance, aim to shorten the process. Good asset information and a realistic settlement strategy usually matter more than procedure.
Sources and official materials
- Code of Civil Procedure 1908 (Bangladesh Laws) — Sections 36 to 74 and Order XXI on execution
- Limitation Act 1908 (Bangladesh Laws) — Article 182 on execution applications
- Artha Rin Adalat Ain 2003 (Bangladesh Laws) — Execution of financial institutions' decrees
- Md. Akbor Hossain and others v Islami Bank Bangladesh, Civil Revision No. 387 of 2021 — Execution case held barred by limitation (judgment of 28 May 2024)
- VDB Loi: Civil procedure reform in Bangladesh — Summary of the 2025 amendments on execution and detention
- Supreme Court of Bangladesh — High Court Division judgments on execution
General information only, current as at 27 October 2026. It is not legal advice and does not create an advocate–client relationship. It reflects the law of Bangladesh unless stated otherwise, and the law, court practice and official fees change frequently. Check current official sources and take advice on the facts of your matter.
