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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 23, 24, 25, 26, 27, 28, 29 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

 

Procedure after issue of notice, Process for execution, Endorsement on process, When Court may stay execution, Liability of judgment-debtor discharged, Liability of judgment-debtor discharged and Stay of execution pending suit between decree-holder and judgment-debtor are defined under Rule 23, 24, 25, 26, 27, 28 and 29  of Order XXI of Code of Civil Procedure 1908. Provisions under these Rules are:

Rule 23 Order XXI of Code of Civil Procedure 1908 "Procedure after issue of notice"

(1) Where the person to whom notice is issued under rule 22 does not appear or does not show cause to the satisfaction of the Court why the decree should not be executed, the Court shall order the decree to be executed.

(2) Where such person otters any objection to the execution of the decree, the Court shall consider such. objection and make such order as it thinks fit.

Rule 24 Order XXI of Code of Civil Procedure 1908 "Process for execution"

(1) When the preliminary measures (if any) required by the foregoing rules have been taken, the Court shall, unless it sees cause to the contrary, issue its process for the execution of the, decree.

(2) Every such process shall bear date the day on which it is issued, and shall be signed by the Judge or such officer as the Court may appoint in this behalf, and shall be scaled with the seal of the Court and delivered to the proper officer to be executed.

(3) In every such process, a day shall be specified on or before which it shall be executed and a day shall also be specified on or before which it shall be returned to the Court, but no process shall be deemed to be void if no day for its return is specified therein.

Rule 25 Order XXI of Code of Civil Procedure 1908 "Endorsement on process"

(1) The officer entrusted with the execution of the process shall endorse thereon the day on, and the manner in, which it was executed, and, if the latest day specified in the process for the return thereof has been exceeded, the reason of the delay, or, if it was not executed, the reason why it was not executed, and shall return the process with such endorsement to the Court.

(2) Where the endorsement is to the effect that such officer is unable to execute the process, the Court shall examine him touching his alleged inability, and may, if it thinks fit, summon and examine witnesses as to such inability, and shall record the result.

Rule 26 Order XXI of Code of Civil Procedure 1908 "When Court may stay execution"

(1) The Court to which a decree has been sent for execution shall, upon sufficient. cause being shown, stay the execution of such decree for a reasonable time, to enable the Judgment-debtor to apply to the Court by which the decree was passed, or to any Court having appellate jurisdiction in respect of the decree or the execution thereof, for an order to stay execution, or for any other order relating to the decree or execution which might have been made by such Court of first instance or Appellate Court if execution had been issued thereby, or if application for execution had been made thereto.

(2) Where the property or person of the judgment-debtor has been seized under an execution, the Court which issued the execution may order the restitution of such property or the discharge of such person pending the result of the application.

(3) Power to require security from, or impose conditions upon, judgment-debtor-

Before making an order to stay execution, or for the restitution of property or the discharge of the judgment-debtor, the Court shall require such security from. or impose such conditions upon, the judgment-debtor as it thinks fit.

Rule 27 Order XXI of Code of Civil Procedure 1908 "Liability of judgment-debtor discharged"

No order of restitution or discharge under rule 26 shall prevent the property or person of a judgment-debtor from being retaken in execution of the decree sent for execution.

Rule 28 Order XXI of Code of Civil Procedure 1908 "Order of Court which passed decree or of Appellate Court to be binding upon Court applied to"

Any order of the Court by which the decree was passed, or of such Court of appeal as aforesaid, in relation to the execution of such decree, shall he binding upon the Court to which the decree was sent for execution

Rule 29 Order XXI of Code of Civil Procedure 1908 "Stay of execution pending suit between decree-holder and judgment-debtor"

Where a suit is pending in any Court against the holder of a decree of such Court 16[or of a decree which is being executed by such Court, on the part of the person against whom the decree was passed, the Court may, on such terms as to security or otherwise, as it thinks fit, stay execution of the decree until the pending suit has been decided:

Provided that if the decree is one for payment of money, the Court shall, if it grants stay without requiring security, record its reasons for so doing.

 

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