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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 90, 91, 92, 93, 94, 95, 96 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

 

Application to set aside sale on ground of irregularity or fraud, 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, Return of purchase-money in certain cases, Certificate to purchaser, Delivery of property in occupancy of judgment-debtor and Delivery of property in occupancy of tenant are defined under Rule 90, 91, 92, 93, 94, 95 and 96  of Order XXI of Code of Civil Procedure 1908. Provisions under these Rules are:

Rule 90 Order XXI of Code of Civil Procedure 1908 "Application to set aside sale on ground of irregularity or fraud"

(1) Where any immovable property has been sold in execution of a decree, the decree-holder, or the purchaser, or any other person entitled to share in a ratable distribution of assets or whose interests are affected by the sale, may apply to the Court to set aside the sale on the ground of a material irregularity or fraud in publishing or conducting it.

(2) No sale shall be set aside on the ground of irregularity or fraud in publishing or conducting it unless, upon the facts proved, the Court is satisfied that the applicant has sustained substantial injury by reason of such h irregularity or fraud.

(3) No application to set aside a sale under this rule shall be entertained upon any ground which the applicant could have taken on or before the date on which the proclamation of sale was drawn up.

Explanation.-The lucre absence of, or defect in, attachment of the property sold shall not, by it be a ground for setting aside a sale under this rule.

Rule 91 Order XXI of Code of Civil Procedure 1908 "Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest"

The purchaser at any such sale in execution of a decree-may apply to the Court to set aside the sale, on the ground that the judgment-debtor had no saleable interest in the property sold.

Rule 92 Order XXI of Code of Civil Procedure 1908 "Sale when to become absolute or be set aside"

(1) Where no application is made rule 89, rule 90 or rule 91, or where such application is made and disallowed, the Court shall make an order confirming the sale, and thereupon the sale shall become absolute:

9[Provided that, where any property is sold in execution of a decree pending the final disposal of any claim to, or any objection to the attachment of, such property, the Court shall not confirm such sale until the final disposal of such claim or objection.

(2) Where such application is made and allowed, and where. in the case of an application under rule 89, the deposit required by that rule is made within thirty days from the date of sale, 43[or in cases where the amount of the deposited under rule 89 is found to be deficient owing to any clerical or arithmetical mistake on the part of the depositor and such deficiency has been made good within such time as way be fixed by the Court, the Court shall make an order setting aside the sale:

Provided that no order shall be made unless notice of the application has been given to all persons affected thereby.

(3) No suit to set aside an order made under this rule shall be brought by any person against whom such order is made.

(4) Where a third party challenges the judgment-doubter's title by filing a suit against the auction-purchaser, the decree-holder and the judgment-debtor shaft be necessary parties to the suit.

(5) if the suit referred to in sub-rule (4) is decreed, the Court shall direct the decree-holder to refund the money to the auction-purchaser, and where such an order is passed the execution proceeding in which sale the had been held shall, unless the Court otherwise directs, be revived at the stage at which the sale was ordered.

Rule 93 Order XXI of Code of Civil Procedure 1908 "Return of purchase-money in certain cases"

Where a sale of immovable property is set aside under 92, the purchaser shall be entitled to an order for repayment of his purchase-money, with or without interest as the Court may direct, against any person to whom it has been paid.

Rule 94 Order XXI of Code of Civil Procedure 1908 "Certificate to purchaser"

Where a sale of immovable property has become absolute, the Court a grant a certificate specifying the property sold and the name of the person who at the time of sale is declared to be the purchaser. Such certificate shall bear date the day on which the sale became absolute.

Rule 95 Order XXI of Code of Civil Procedure 1908 "Delivery of property in occupancy of judgment-debtor"

Where the immovable property sold is in the occupancy of the judgment-debtor or some person on his behalf or of some person claiming under a title created by the judgment-debtor subsequently to the attachment of such property and a certificate in respect thereof has been granted under rule 94, the Court shall, on the application of the purchaser, order to delivery to be made by putting such purchaser or any person whom he may appoint to receive delivery on his behalf in possession of the property, and, if need be, by removing any person who refuses to vacate the same.

Rule 96 Order XXI of Code of Civil Procedure 1908 "Delivery of property in occupancy of tenant"

Where the property sold is in the of a occupancy of a tenant or other person entitled to occupy same and a certificate in respect thereof has been granted under rule 94, the Court shall, on the application of the purchaser, order delivery to be made by affixing a copy of the certificate of sale in some conspicuous place on the property, and proclaiming to the occupant by beat of drum or other customary mode, at some convenient place, that the interest of the judgment-debtor has been transferred to the purchaser.

 

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