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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  SALE OF IMMOVABLE PROPERTY - RULE 82, 83, 84, 85, 86, 87, 88, 89 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 Courts may order sales, Postponement of sale to enable judgment- debtor to raise amount of decree, Deposit by purchaser and re-sale on default, Time for payment in full of purchase money, Procedure In default of payment, Notification on re-sale, Bid of co-sharer to have preference and Application to set aside sale on depositor are defined under Rule 82, 83, 84, 85, 86, 87, 88 and 89  of Order XXI of Code of Civil Procedure 1908. Provisions under these Rules are:

Rule 82 Order XXI of Code of Civil Procedure 1908 "What Courts may order sales"

Sales of immovable property in execution of decrees may be ordered and share by any Court other than a Court of Small Causes.

Rule 83 Order XXI of Code of Civil Procedure 1908 "Postponement of sale to enable judgment- debtor to raise amount of decree"

(1) Where an order for the sale of immovable property has been made, if the judgment-debtor can satisfy the Court that there is reason to believe that the amount of the decree may be raised by the mortgage or lease or private sale of such property, or some part thereof, or of an other immovable property of the judgment-debtor, the Court may, on his application, postpone the sale of the property comprised in the order for sale on such terms and for such period as it thinks proper, to enable him to raise the amount.

(2) In such case the Court shall grant a certificate to the judgment-debtor authorizing him within a period to be mentioned therein, and notwithstanding anything contained in section 64, to make the proposed mortgage, lease or sale:

Provided that all moneys payable under such mortgage, lease or sale shall be paid, not to the judgment-debtor, but, save in so far as a decree-holder is entitled to set-off such money under the provisions of rule 72, into Court:

Provided also that not mortgage, lease or sale under this rule shall become absolute until it has been confirmed by the Court.

(3) Nothing in this rule shall be deemed to apply to a sale of property directed to be sold in execution of a decree for sate in enforcement of a mortgage of, or charge on, such property.

Rule 84 Order XXI of Code of Civil Procedure 1908 "Deposit by purchaser and re-sale on default"

(1) On every sale of immovable property the to be the purchaser shall pay immediately after such declaration a deposit of twenty-five per cent on the amount of his purchase-money to the officer or other person conducting the sale, and in default of such deposit, the property shall forthwith be re-sold.

(2) Where the decree-holder is the purchaser and is entitled to set-off the purchase-money under rule 72, the Court may dispense with the requirements of this rule.

Rule 85 Order XXI of Code of Civil Procedure 1908 "Time for payment in full of purchase money"

The full amount of purchase money payable shall be paid by the purchaser into Court before the Court closes on the fifteenth day from the sale of the property :

Provided that, in calculating the amount to be so paid into Court, the purchaser shall have the advantage of any set-off to which he may be entitled under rule 72.

Rule 86 Order XXI of Code of Civil Procedure 1908 "Procedure In default of payment"

In default of payment within the period mentioned in the last preceding rule, the deposit may, if the Court thinks fit, after defraying the expenses of the sale, be forfeited to the Government, and the property shall be re-sold, and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may subsequently be sold.

Rule 87 Order XXI of Code of Civil Procedure 1908 "Notification on re-sale"

Every re-sale of immovable property, in default of payment of the purchase- a money within the period allowed for such payment, shall be made after the issue of fresh proclamation in the manner and for the period hereinbefore prescribed for the sale.

Rule 88 Order XXI of Code of Civil Procedure 1908 "Bid of co-sharer to have preference"

Where the property sold is a share of undivided immovable property and two or more persons, of whom one is a co-sharer, respectively bid the same sum for such property or for any lot, the bid shall be deemed to be the bid of the co-sharer.

Rule 89 Order XXI of Code of Civil Procedure 1908 "Application to set aside sale on depositor"

(1) Where immovable property has been sold in execution of a decree any person claiming an interest in the property gold at the time of the sale or at the time of making the application, or acting for or in the interest of such person, may apply to have the sale set aside on his depositing in Court,-

(a) for payment to the purchaser, a sum equal to five per cent of the purchase-money, and

(b) for payment, to the decree-holder, the amount specified in the proclamation of sale as that for the recovery of which the sale was ordered less any amount which may, since the date of such proclamation of sale, have been received by the decree-holder.

(2) Where a person applies under rule 90 to set aside the sale of his immovable property, he shall not, unless he withdraws his application, be entitled to make or prosecute an application under this rule.

(3) Nothing in this rule shall relieve the judgment-debtor from any liability he may be under in respect of costs and interest not covered by the proclamation of sale was drawn up.

 

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