Order XXI CPC Rules 1 to 12: Execution of Decrees and Orders

Rule 1 - Modes of paying money under decree

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

1. 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
2. out of Court, to the decree-holder by postal money order or through a bank or by any other mode wherein payment is evidenced in writing; or
3. otherwise, as the Court which made the decree directs.

(2) Where any payment is made under clause (a) or clause (c) of 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:

1. the number of the original suit;
2. the names of the parties or, where there are more than two plaintiffs or more than two defendants, the names of the first two plaintiffs and the first two defendants;
3. how the money remitted is to be adjusted, that is, whether towards principal, interest or costs;
4. the number of the execution case of the Court, where such case is pending; and
5. 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. 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; where acceptance is avoided, interest shall cease from the date on which the money would have been tendered in the ordinary course of business of the postal authorities or the bank, as the case may be.

Rule 2 - Payment out of Court to decree-holder

(1) Where money payable under a decree of any kind is paid out of Court, or a decree 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 it accordingly.

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

Rule 2(2A) - When payment or adjustment may be recorded at the judgment-debtor's instance

No payment or adjustment shall be recorded at the instance of the judgment-debtor unless:

1. the payment is made in the manner provided in Rule 1; or
2. the payment or adjustment is proved by documentary evidence; or
3. the payment or adjustment is admitted by, or on behalf of, the decree-holder in the reply to notice under sub-rule (2) of Rule 1, or before the Court.

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

Rule 3 - 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 Courts may attach and sell the entire estate or tenure.

Rule 4 - 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 - 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 other 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 - Procedure where Court desires that its own decree shall be executed by another Court

The Court sending a decree for execution shall send:

1. a copy of the decree;
2. 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 remains unsatisfied; and
3. a copy of any order for execution of the decree or, if no such order has been made, a certificate to that effect.

Rule 7 - Court receiving copies of decree, etc., to file same without proof

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

Rule 8 - Execution of decree or order by Court to which it is sent

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

Rule 9 - 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 - 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 preceding provisions to another Court, then to such Court or to the proper officer thereof.

Rule 11 - Oral and written applications for execution

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

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

1. the number of the suit;
2. the names of the parties;
3. the date of the decree;
4. whether any appeal has been preferred from the decree;
5. whether any, and if so what, payment or other adjustment has been made between the parties after the decree;
6. whether any previous applications have been made for execution, their dates and results;
7. the amount with interest, if any, due upon the decree, or other relief granted, together with particulars of any cross-decree;
8. the amount of costs, if any, awarded;
9. the name of the person against whom execution is sought; and
10. the mode in which assistance of the Court is required, including delivery of property specifically decreed; attachment, attachment and sale, or sale without attachment of property; arrest and detention in prison; appointment of a receiver; or otherwise as the nature of the relief may require.

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

Rule 11A - 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 - Application for attachment of movable property not in judgment-debtor's possession

Where an application is made for the attachment of movable property 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.