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CODE OF CIVIL PROCEDURE 1908

ORDER XX A COSTS

What is Provision relating to certain items? What is the Costs to be awarded in accordance with the rules made by High Court? Rule 1 and 2 of Order XX A of Code of Civil Procedure 1908

 

 

ORDER XXI EXECUTION OF DECREES AND ORDERS

What are the Modes of paying money under decree? What is Payment out of Court to decree-holder? What is the procedure for Lands situate in more than one jurisdiction? What is Transfer to Court of Small Causes? What is Mode of transfer? What is the Procedure where Court desires that its own decree shall be executed by another Court? Which is the Court receiving copies of decree etc., to file some without proof? How is Execution of decree or order by Court to which it is sent? How is Execution by High Court of decree transferred by other Court? How to file Application for execution? What is Oral application? How to file Application for arrest to state grounds? How to file Application for attachment of movable property not in judgment-debtor's possession? Rule 1, 2, 2A, 3, 4, 5, 6, 7, 8, 9, 10, 11, 11A and 12 of Order XXI of Code of Civil Procedure 1908

What is the meaning of Application for attachment of immovable property to contain certain particulars? What is the Power to require certified extract from Collector's register in certain cases? What is Application for execution by joint decree-holders? What is Application for execution by transferee of decree? What is the Procedure on receiving application for execution of decree? What is Execution in case of cross-decrees? What is Execution in case of cross-claims under same decree? What is Cross-decrees and cross-claims in mortgage-suits? What is Simultaneous execution? What is the procedure for Notice to show cause against execution in certain cases? What is the meaning of Sale not to be set aside on the death of the judgment-debtor before the sale but after the service of the proclamation of sale? Rule 13, 14, 15, 16, 17, 18, 19, 29, 21, 22 and 22A of Order XXI of Code of Civil Procedure 1908

What is the Procedure after issue of notice? What is the Process for execution? What is Endorsement on process? When Court may stay execution? What is Liability of judgment-debtor discharged? When Liability of judgment-debtor discharged? What is Stay of execution pending suit between decree-holder and judgment-debtor? Rule 23, 24, 25, 26, 27, 28 and 29 of Order XXI of Code of Civil Procedure 1908

 

 

What is Decree for payment of money? What is Decree for specific movable property? What is Decree for specific performance for restitution of conjugal rights or for an injunction? What is Discretion of Court in executing decrees for restitution of conjugal rights? What is Decree for execution of document or endorsement of negotiable instrument? What is Decree for immovable property? What is Decree for delivery of immovable property when in occupancy of tenant? Rule 30, 31, 32, 33, 34, 35 and 36 of Order XXI of Code of Civil Procedure 1908

What is Discretionary power to permit judgment debtor to show cause against detention in prison? What is warrant for arrest to direct judgment-debtor to be brought up? What is Subsistence allowance? What is Proceedings on appearance of judgment-debtor in obedience to notice or after arrest? Rule 37, 38, 39 and 40 of Order XXI of Code of Civil Procedure 1908

What is the meaning of Examination of judgment-debtor as to his property? What is Attachment in case of decree for rent or mesne profits or other matter, amount of which to be subsequently determined? What is Attachment of movable property, other than agricultural produce, in possession of judgment-debtor? What is Custody of movable property? What is Attachment of agricultural produce? What is the Provision as to agricultural produce under attachment? What is Attachment of debt, share and other property not in possession of judgment-debtor? What is Attachment of share in movables? Rule 41, 42, 43, 44, 45, 46 and 47 of Order XXI of Code of Civil Procedure 1908

What is Attachment of salary or allowances of servant of the Government or railway company or local authority? What is Attachment of salary or allowances of private employees? What is Attachment of partnership property? What is Execution of decree against firm? What is Attachment of negotiable instruments? What is the process of Attachment of property in custody of Court or Public officer? What is Attachment of decrees? What is Attachment of immovable property? How is Removal of attachment after satisfaction of decree? What is Order for payment of coin or currency notes to party entitled under decree? What is Determination of attachment? Rule 48, 49, 50, 51, 52, 53, 54, 55, 56 and 57 of Order XXI of Code of Civil Procedure 1908

What is Adjudication of claims to, or objections to attachment of, property? What is Stay of sale? What is the Power to order property attached to be sold and proceeds to be paid to person entitled? Sales by whom conducted and how made? What is Proclamation of sales by public auction? Rule 58, 59, 64, 65 and 66 of Order XXI of Code of Civil Procedure 1908

What is the Mode of making proclamation, Time of sale? What is Adjournment or stoppage of sale? What is the meaning of Defaulting purchaser answerable for loss on re-sale? What is the meaning of Decree holder not to bid for or buy property without permission? What is the meaning of Mortgagee not to bid at sate without the leave of the Court? What is Restriction on bidding or purchase by officers? Rule 67, 68, 69, 70, 71, 72 and 73 of Order XXI of Code of Civil Procedure 1908

What is the procedure for Sale of agricultural produce? What is the Special provisions relating to growing crops? Negotiable instruments and shares in corporate, What is Sale by public auction? What is the meaning Irregularity not to vitiate sale, but any person injured may sue? How to do Delivery of movable property? debts and shares, Transfer of negotiable instruments and shares, What is Vesting order in case of other property? Rule 74, 75, 76, 77, 78, 79, 80 and 81 of Order XXI of Code of Civil Procedure 1908

What Courts may order sales? What is Postponement of sale to enable judgment- debtor to raise amount of decree? What is Deposit by purchaser and re-sale on default? What is Time for payment in full of purchase money? What is the Procedure In default of payment? What is Notification on re-sale? What is Bid of co-sharer to have preference? What is Application to set aside sale on depositor? Rule 82, 83, 84, 85, 86, 87, 88 and 89 of Order XXI of Code of Civil Procedure 1908

What is Application to set aside sale on ground of irregularity or fraud? What is Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest? Sale when to become absolute or be set aside? What is Return of purchase-money in certain cases? What is Certificate to purchaser? What is Delivery of property in occupancy of judgment-debtor? How is Delivery of property in occupancy of tenant? Rule 90, 91, 92, 93, 94, 95 and 96 of Order XXI of Code of Civil Procedure 1908

What is Resistance or obstruction to possession of immovable property? What are Orders after adjudication? What is Dispossession by decree-holder or purchaser? What are the Order to be passed upon application complaining of dispossession? What are the Question to be determined? What is the meaning of Rules not applicable to transferee pendent lite? What are Orders to be treated as decrees? What is the meaning of Order under rule 101 or rule 103 to be subject to the result or pending suit? What is Hearing of application, Setting, aside orders passed ex parte, etc.? Rule 97, 98, 99, 100, 101, 102, 103, 104, 105 and 106 of Order XXI of Code of Civil Procedure 1908

ORDER XXI  EXECUTION OF DECREES AND ORDERS - RULE 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 OF CODE OF CIVIL PROCEDURE 1908

What are the Modes of paying money under decree? What is Payment out of Court to decree-holder? What is the procedure for Lands situate in more than one jurisdiction? What is Transfer to Court of Small Causes? What is Mode of transfer? What is the Procedure where Court desires that its own decree shall be executed by another Court? Which is the Court receiving copies of decree etc., to file some without proof? How is Execution of decree or order by Court to which it is sent? How is Execution by High Court of decree transferred by other Court? How to file Application for execution? What is Oral application? How to file Application for arrest to state grounds? How to file Application for attachment of movable property not in judgment-debtor's possession? Rule 1, 2, 2A, 3, 4, 5, 6, 7, 8, 9, 10, 11, 11A and 12 of Order XXI of Code of Civil Procedure 1908

 

Modes of paying money under decree, Payment out of Court to decree-holder, Lands situate in more than one jurisdiction, Transfer to Court of Small Causes, Mode of transfer, Procedure where Court desires that its own decree shall be executed by another Court, Court receiving copies of decree, etc., to file some without proof, Execution of decree or order by Court to which it is sent, Execution by High Court of decree transferred by other Court, Application for execution, Oral application, Application for arrest to state grounds and Application for attachment of movable property not in judgment-debtor's possession are defined under Rule 1, 2, 2A, 3, 4, 5, 6, 7, 8, 9, 10, 11, 11A and 12 of Order XXI of Code of Civil Procedure 1908. Provisions under these Rules are:

Rule 1 Order XXI of Code of Civil Procedure 1908 "Modes of paying money under decree"

(1) All money, payable under a decree shall be paid as follows, namely-

(a) by deposit into the Court whose duty it is to execute the decree, or to that Court by postal money order or through a bank; or

(b) out of Court, to the decree-holder by postal money order or through a bank or by any other mode wherein payment is evidence in writing ; or

(c) otherwise, as the Court which made the decree, directs.

(2) Where any payment is made under clause (a) or clause (c) of the sub-rule (1), the judgment-debtor shall give notice thereof to the decree-holder either through the Court or directly to him by registered post, acknowledgement due.

(3) Where money is paid by postal money order or through a bank under clause (a) or clause (b) of sub-rule (1), the money order or payment through bank, as the case may be, shall accurately state the following particulars, namely:-

(a) the number of the original suit;

(b) the names of the parties or where there are more than two plaintiffs or more than two defendants, as the case may be, the names of the first two plaintiffs and the first two defendants;

(c) how the money remitted is to be adjusted, that is to say, whether it is towards the principal, interest or costs;

(d) the number of the execution case of the Court, where such case is pending; and

(e) the name and address of the payer.

(4) On any amount paid under clause (a) or clause (c) of sub-rule (1), interest, if any, shall cease to run from the date of service of the notice referred to in sub-rule (2).

(5) On any amount paid under clause (b) of sub-rule (1), interest, ;If any, shall cease to run from the date of such payment:

Provided that, where the decree-holder refuses to accept the postal money order or payment through a bank, interest shall cease to run from. the date on which the money was tendered to him, or where he avoids acceptance of the postal money order or payment through bank, interest shall cease to run from the date on which the money would have been tendered to him in the ordinary course of business of the postal authorities or the bank, as the case may be.

Rule 2 Order XXI of Code of Civil Procedure 1908 "Payment out of Court to decree-holder"

(1) Where any money payable under a decree of any kind is paid cut out of Court, or decree of any kind is otherwise adjusted in whole or in part to the satisfaction of the decree-holder, the decree-holder shall certify such payment or adjustment to the Court whose duty it is to execute the decree, and the Court shall record the same accordingly.

(2) The judgment-debtor or any person who has become surety for the judgment-debtor also may inform the Court of such payment or adjustment, and apply to the Court to issue a notice to the decree-holder to show cause, on a day to be fixed by the Court, why such payment or adjustment should not be recorded as certified ; and if, after service of such notice, the decree-holder fails to show cause why the payment or adjustment should not be recorded as certified, the Court shall record the same accordingly.

Rule 2A Order XXI of Code of Civil Procedure 1908 "No payment or adjustment shall be recorded at the instance of the judgment-debtor unless"

(a) the payment is made in the manner provided in rule 1; or

(b) the payment or adjustment is proved by documentary evidence; or

(c) the payment or adjustment is admitted by, or on behalf of, the decree-holder in his reply to the notice given under sub-rule (2) of rule 1, or before the Court.

(3) A payment or adjustment, which has riot been certified or recorded as aforesaid, shall not be recognised by any Court executing the decree.

Rule 3 Order XXI of Code of Civil Procedure 1908 "Lands situate in more than one jurisdiction"

Where immovable property forms one estate or tenure situate within the local limits of the jurisdiction of two or more Courts, any one of such Court may attach and sell the entire estate or tenure.

Rule 4 Order XXI of Code of Civil Procedure 1908 "Transfer to Court of Small Causes"

Where a decree has been passed in a suit of which the value as set forth in the plaint did not exceed two thousand rupees and which, as regards its subject-matter, is not excepted by the law for the time being in force from the cognizance of either a Presidency or a Provincial Court of Small Causes, and the Court which passed it wishes it to be executed in Calcutta, Madras or Bombay, such Court may send to the Court of Small Causes in Calcutta, Madras or Bombay, as the case may be, the copies and certificates mentioned in rule 6; and such Court of Small Causes shall thereupon execute the decree as if it had been passed by itself.

Rule 5 Order XXI of Code of Civil Procedure 1908 "Mode of transfer"

Where a decree is to be sent for execution to another Court, the Court which passed such decree shall send the decree directly to such other Court whether or not such Court is situated. in the same State, but the Court to which the decree is sent for execution shall, if it has no jurisdiction to execute, the decree, send it to the Court having such jurisdiction.

Rule 6 Order XXI of Code of Civil Procedure 1908 "Procedure where Court desires that its own decree shall be executed by another Court"

The Court sending a decree for execution shall send-

(a) a copy-of the decree;

(b) a certificate setting forth that satisfaction of the decree has not been obtained by execution within the jurisdiction of the Court by which it was passed, or, where the decree has been executed in part, the extent to which satisfaction has been obtained and what part of the decree remains unsatisfied; and

(c) a copy of any order for the execution of the decree, or if no such order has been made, a certificate to that effect.

Rule 7 Order XXI of Code of Civil Procedure 1908 "Court receiving copies of decree, etc., to file some without proof"

The Court to which a decree is so sent shall cause such copies and certificates to be filed, without any further proof of the decree or order for execution, or of the copies thereof, unless the Court, for any special reasons to be recorded under the hand of the Judge, requires such proof.

Rule 8 Order XXI of Code of Civil Procedure 1908 "Execution of decree or order by Court to which it is sent"

Where such copies are so filed, the decree or order may, if the Court to which it is sent is the District Court, be executed by such Court or be transferred for execution to any subordinate Court of competent jurisdiction.

Rule 9 Order XXI of Code of Civil Procedure 1908 "Execution by High Court of decree transferred by other Court"

Where the Court to which the decree is sent for execution is a High Court, the decree shall be executed by such Court in the same manner as if it had been passed by such Court in the exercise of its ordinary original civil jurisdiction.

Rule 10 Order XXI of Code of Civil Procedure 1908 "Application for execution"

Where the holder of a decree desires to execute it, he shall apply to the Court which passed the decree or to the officer (if any) appointed in this behalf, or if the decree has been sent under the provisions hereinbefore contained to another Court then to such Court or to the proper officer thereof.

Rule 11 Order XXI of Code of Civil Procedure 1908 "Oral application"

(1) Where a decree is for the payment of money the Court may, on the oral application of the decree-holder at the time of the passing of the decree, order immediate execution thereof by the arrest of the judgment-debtor, prior to eye preparation of a warrant if he is within the precincts of the Court.

(2) Written application- Save as otherwise provided by sub-rule (1), every application for the execution of a decree shall be in writing, signed and verified by the applicant or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case, and shall contain in a tabular form the following particulars, namely :-

(a) the number of the suit;

(b) the names of the parties;

(c) the date of the decree;

(d) whether any appeal has been preferred from the decree;

(e) whether any, and (if any) what, payment or other adjustment of the matter in controversy has been made between the parties subsequently to the decree;

(f) whether any, and (if any) what, previous applications have been made for the execution of the decree, the dates of such application and their results;

(g) the amount with interest (if any) due upon the decree, or other relief granted thereby, together with particulars of any cross-decree, whether passed before or after the date of the decree sought to be executed;

(h) the amount of the costs (if any) awarded;

(i) the name of the person ageless whom execution of the decree is sought; and

(j) the mode in which the assistance of the Court is required whether-

(i) by the delivery of any property specifically decreed;

(ii) by the attachment, or by the attachment and sale, or by the sate without attachment, of any property;

(iii) by the arrest and detention in prison of any person;

(iv) by the appointment of a receiver;

(v) otherwise, as the nature of the relief granted may require.

(3) The Court to which an application is made under sub-rule (2) way require the applicant to produce a certified copy of the decree.

Rule 11A Order XXI of Code of Civil Procedure 1908 "Application for arrest to state grounds"

Where an application is made for the arrest and detention in prison of the judgment-debtor, it shall state, or be accompanied by an affidavit stating, the grounds on which arrest is applied for.

Rule 12 Order XXI of Code of Civil Procedure 1908 "Application for attachment of movable property not in judgment-debtor's possession"

Where an application is made for the attachment of any movable properly belonging to a judgment-debtor but not in his possession, the decree-holder shall annex to the application an inventory of the property to be attached, containing a reasonably accurate description of the same.

 

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