ORDER XXI  EXECUTION OF DECREES AND ORDERS - RULE 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 22A  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

Application for attachment of immovable property to contain certain particulars, Power to require certified extract from Collector's register in certain cases, Application for execution by joint decree-holders, Application for execution by transferee of decree, Procedure on receiving application for execution of decree, Execution in case of cross-decrees, Execution in case of cross-claims under same decree, Cross-decrees and cross-claims in mortgage-suits, Simultaneous execution, Notice to show cause against execution in certain cases and 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 are defined under Rule 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 22A  of Order XXI of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 13 Order XXI of Code of Civil Procedure 1908 "Application for attachment of immovable property to contain certain particulars"

Where an application is made for the attachment of any immovable property belonging to a judgment-debtor, it shall contain at the foot-

(a) a description of such property sufficient to identify the same and, in case such property can be identified by boundaries or numbers in a record of settlement or survey, a specification of inch boundaries or numbers; and

(b) a specification of the judgment-debtor's share or interest in such property to the best of the belief of the applicant, and so far as he has been able to ascertain the same.

Rule 14 Order XXI of Code of Civil Procedure 1908 "Power to require certified extract from Collector's register in certain cases"

Where an application is made for the attachment of any land which is registered in the office of the Collector, the Court may require the applicant to produce a certificate extract from the register of such office, specifying the persons registered as proprietors of, or as possessing any transferable interest in, the land or its revenue, or as liable to pay revenue for the land, and the shares of the registered proprietors.

Rule 15 Order XXI of Code of Civil Procedure 1908 "Application for execution by joint decree-holders"

(1) Where a decree has been passed jointly in favour of more persons than one, any one or more of such persons may, unless the decree imposes any condition to the contrary, apply for the execution of the whole decree for the benefit of them all, or, where any of them has died, for the benefit of the survivors and the legal representatives of the deceased.

(2) Where the Court sees sufficient cause for allowing the decree to be executed on an application made under this rule, it shall make such order as it deems necessary for protecting the interest of the persons who have not joined in the application.

Rule 16 Order XXI of Code of Civil Procedure 1908 "Application for execution by transferee of decree"

Where a decree or, if a decree has been passed jointly in favour of two or more persons, the interest of any decree-holder in the decree is transferred by assignment in writing or by operation of law, the transferee may apply for execution of the decree to the Court which passed it; and the decree may be executed in the same manner and subject to the same conditions as if the application were made by such decree-holder :

Provided that, where the decree, or such interest as aforesaid, has been transferred by assignment, notice of such application shall be given to the transferor and the judgment-debtor, and the decree shall not be executed until the Court has heard their objections (if any) to its execution :

Provided also that, where a decree for the payment of money against two or more persons has been transferred to one of them, it shall not be executed against the others.

Explanation.- Nothing in this rule shall affect the provisions of section 146, and a transferee of rights in the property, which is the subject matter of the suit, may apply for execution of the decree without a separate assignment of the decree as required by this rule.

Rule 17 Order XXI of Code of Civil Procedure 1908 "Procedure on receiving application for execution of decree"

(1) On receiving an application for the execution of a decree as provided by rule 11, sub-rule (2), the Court shall ascertain whether such of the requirement's of rules 11 to 14 as may be applicable to the case have been complied with; and, if they have not been complied with, the Court shall allow the defect to be remedied then and there or within a time to be fixed by it.

(1A) If the defect is not so remedied, the Court shall reject the application

Provided that where, in the opinion of the Court, there is some inaccuracy as to the amount referred to in clauses (g) and (h) of sub-rule (2) of rule 11, the Court shall, instead of rejecting the application, decide provisionally (without prejudice to the right of the parties to have the amount finally decided in the course of the proceedings) the amount and make An order for the execution of the decree for the amount so provisionally decided.]

(2) Where an application is amended under the provisions of sub-rule (1), it shall be decreed to have been an application in accordance with law and presented on the date when it was first presented.

(3) Every amendment made under this rule shall be signed or initialed by the Judge.

(4) When the application is admitted, the Court shall enter in the proper register a note of the application and the date on which it was made, and shall, subject to the provisions hereinafter contained, order execution of the decree according to the nature of the application :

Provided that, in the case of a decree for the payment of money, the value of the property attached shall, as nearly as may be, correspond with the amount due under the decree.

Rule 18 Order XXI of Code of Civil Procedure 1908 "Execution in case of cross-decrees"

(1) Where applications are made to a Court for the execution of cross-decrees in separate suits for. the payment of two sums of money passed between the same parties and capable of execution at the same time by such Court, then-

(a) if the two sums are equal, satisfaction shall be entered upon both decrees; and

(b) if the two sums are unequal execution may be taken out only by the holder of the decree for the larger sum and for so much only as remains after deducting the smaller sum, and satisfaction for the smaller sum shall be entered on the decree for the larger sum as well as satisfaction on the decree for the smaller sum.

(2) This rule shall be decreed to apply where either party is an assignee of one of the decrees and as well in respect of judgment-debts due by the original assignor as in respect of judgment-debts due by the assignee himself

(3) This rule shall not be deemed to apply unless-

(a) the decree-holder in one of the suits in which the decrees have been made is the judgment-debtor in the other and each party files the same character in both suits; and

(b) the sums due under the decrees are definite.

(4) The holder of a decree passed against several persons jointly and severally may treat is as a cross-decree in relation to a decree passed against him singly in favour of one or more of such persons.

Illustrations

(a) A holds a decree against B for Rs. 1,000. B holds a decree against A for the payment of Rs. 1,000 in case A fails to deliver certain goods at a future day. B cannot treat his decree as a cross-decree under this rule.

(b) A and B, co-plaintiffs, obtain a decree for Rs. 1,000 against C, and C obtains a decree for Rs. 1,000 against B. C cannot treat his decree as a cross-decree under this rule.

(c) A obtains a decree against B for Rs. 1,000 C, who is a trustee for B, obtains a decree on behalf of B against A for Rs. 1,000 B cannot treat C's decree at a cross-decree under this rule.

(d) A, B, C, D and E are jointly and severally liable for Rs.1,000 under a decree obtained by F. A obtains a decree for Rs. 1,000 against F singly and applies for execution to the Court in which the joint-decree is being executed, F may treat his joint-decree as cross-decree under this rule.

Rule 19 Order XXI of Code of Civil Procedure 1908 "Execution in case of cross-claims under same decree"

Where application is made to a Court for the execution of a decree under which two parties are entitled to recover sums of money from each other, then-

(a) if the two sums are equal, satisfaction for both shall be entered upon the decree; and

(b) if the two sums are unequal, execution may be taken out only by the party entitled to the larger sum and for so much only as remains after deducting the smaller sum, and satisfaction for the smaller sum shall be entered upon the decree.

Rule 20 Order XXI of Code of Civil Procedure 1908 "Cross-decrees and cross-claims in mortgage-suits"

The provisions contained in rules 18 and 19 shall apply to decrees for sale in enforcement of a mortgage or charge.

Rule 21 Order XXI of Code of Civil Procedure 1908 "Simultaneous execution"

The Court may, in its discretion, refuse execution at the same time against the person and property of the judgment-debtor.

Rule 22 Order XXI of Code of Civil Procedure 1908 "Notice to show cause against execution in certain cases"

(1) Where an application for execution is made.-

(a) more than 11[two years] after the date of the decree, or

(b) against the legal representative of a party to the decree or where an application is made for execution of a decree filed under the provisions of section 44A], or

(c) against the assignee or receiver in insolvency, where the party to the decree has been adjudged to be an insolvent, the Court executing the decree shall issue a notice to the person against whom execution is applied for requiring him to show cause, on a date to be fixed, why the decree should not be executed against him :

Provided that no such notice shall be necessary in consequence of more than two years having elapsed between the date of the decree and the application for execution if the application is made within two years from the date of the last order against the party against whom execution is applied for, made on any previous application for execution, or in consequence of the application being made against the legal representative of the judgment-debtor if upon a previous application for execution against the same person the Court has ordered execution to issue against him.

(2) Nothing in the foregoing sub-rule shall be deemed to preclude the Court from issuing any process in execution of a decree without issuing the notice thereby prescribed, if, for reasons to be recorded, it considers that the issue of such notice would cause unreasonable delay or would defeat the ends of justice.

Rule 22A Order XXI of Code of Civil Procedure 1908 "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"

Where any property is sold in execution of a decree, the sale shall not be set aside merely by reason of the death of the judgment-debtor between the date of issue of the proclamation of sale and the date of the sale notwithstanding the failure of the decree-holder to substitute the legal representative of such deceased judgment-debtor, but, in case of such failure, the Court may set aside the sale if it is satisfied that the legal representative of the deceased judgment-debtor has been prejudiced by the sale.

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