Rule 30 Order XXI of Code of Civil Procedure 1908 "Decree for payment of money"
Every decree for the payment of money, including a decree for the payment of money as the alternative to some other relief, may be executed by the detention in the civil prison of the judgment-debtor, or by the attachment and sale of his property, or by both.
Rule 31 Order XXI of Code of Civil Procedure 1908 "Decree for specific movable property"
(1) Where the decree is for any specific movable, or
for any share in a specific movable, it may be executed
by the seizure, if practicable, of the movable or share,
and by the delivery thereof to the party to whom it has
been adjudged, or to such person as he appoints to
receive delivery on his behalf, or by the detention in
the civil prison of the judgment-debtor, or by the
attachment of his property, or by both.
(2) Where any attachment under sub-rule (1) has remained
in force for 17[three months] if the judgment-debtor has
not obeyed the decree and the decree-holder has applied
to have the attached property sold, such property may be
sold, and out of the proceeds the Court may award to the
decree-holder, in cases where any amount has been fixed
by the decree to be paid as an alternative to delivery
of movable property. such amount, and. in other cases,
such compensation as it thinks fit, and shall pay the
balance (if any) to the judgment-debtor on his
application.
(3) Where the judgment-debtor has obeyed the decree and
paid all costs of executing the same which he is bound
to pay, or where, at the end of 17[three months] from
the date of the attachment, no application to have the
property sold has been made, or, if made, has been
refused, the attachment shall cease.
Rule 32 Order XXI of Code of Civil Procedure 1908 "Decree for specific performance for restitution of conjugal rights, or for an injunction"
(1) Where the party against whom a decree for the
specific performance of a contract, or for restitution of
conjugal rights, or for an injunction, has been passed, has
had an opportunity of obeying the decree and has wilfully
failed to obey it, the decree may be enforced 18[in the case
of a decree for the restitution of conjugal rights by the
attachment of his property or, in the case of a decree for
the specific performance of a contract or for an injunction]
by his detention in the civil prison, or by the attachment
of his property, or by both.
(2) Where the party against whom a decree for specific
performance or for an injunction has been passed is a
corporation, the decree may be enforced by the attachment of
the property of the corporation or, with the leave of the
Court by the detention in the civil prison of the directors
or other principal officers thereof, or by both attachment
and detention.
(3) Where any attachment under sub-rule (1) or sub-rule (2)
has remained in force for 11[six months] if the
judgment-debtor has not obeyed the decree and the
decree-holder has applied to have the attached property
sold, such pro be sold; and out of the proceeds the Court
may award to the decree-holder such compensation as it
thinks fit, and shall pay the balance (if any) to the
judgment-debtor on his application.
(4) Where the judgment-debtor has obeyed the decree and paid
all costs of executing the same which he is bound to pay, or
where, at the end of 11[six months] from the date of the
attachment, no application to have the property-sold has
been made, or if made has been refused, the attachment shall
cease.
(5) Where a decree for the specific performance of a
contract or for an injunction has not been obeyed, the Court
may, in lieu of or in addition to all or any of the
processes aforesaid, direct that the act required to be done
may be done so far as practicable by the decree-holder or
some other person appointed by the Court, at the cost of the
judgment-debtor, and upon the act being done the expenses
incurred may be ascertained in such manner as the Court may
direct and may be recovered as if they were included in the
decree.
Illustration
A. a person of little substance. erects a building which
renders uninhabitable a family mansion belonging to B. A, in
spite of his detention in prison and the attachment of his
property, declines to obey a decree obtained against him by
B and directing him to remove the building. The Court is of
opinion that no sum realizable by the sate of A's property
would adequately compensate B for the depreciation in the
value of his mansion. B may apply to the Court to remove the
building and may recover the cost of such removal from A in
the execution proceedings.
Rule 33 Order XXI of Code of Civil Procedure 1908 "Discretion of Court in executing decrees for restitution of conjugal rights"
(1) Notwithstanding anything in rule 32, the Court,
either at the time of passing a decree against a husband for
the restitution of conjugal rights or at any time
afterwards, may order that the decree 20[shall be executed
in the manner provided in this rule.
(2) Where the Court has made an order under sub-rule (1), it
may order that, in the event of the decree not being obeyed
within such period as may be fixed in this behalf, the
judgment-debtor shall make to the decree-holder such
periodical payments as may be just, and, if it thinks fit,
require that the judgment-debtor shall, to its satisfaction,
secure to the decree-holder such periodical payments.
(3) The Court may from time to time vary or modify any order
made under sub-rule (2) for the periodical payment of money,
either by altering the times of payment or by increasing or
diminishing the amount, or may temporarily suspend the same
as to the whole or any part of the money so ordered to be
paid, and again review the same, either wholly or in part as
it may think just.
(4) Any money ordered to be paid under this rule may be
recovered as though it were payable under a decree for the
payment of money.
Rule 34 Order XXI of Code of Civil Procedure 1908 "Decree for execution of document, or endorsement of negotiable instrument"
(1) Where a decree is for the execution of a document or
for the endorsement of a negotiable instrument and the
judgment-debtor neglects or refuses to obey the decree, the
decree-holder may prepare a draft of the document or
endorsement in accordance with the terms of the decree and
deliver the same to the Court.
(2) The Court shall thereupon cause the draft to be served
on the judgment-debtor together with a notice requiring his
objections (if any) to be made within such time as the Court
fixes in this behalf.
(3) Where the judgment-debtor objects to the draft, his of
objections shall be stated in writing within such time, and
the Court shall make such order approving or altering the
draft, as it thinks fit,
(4) The decree-holder shall deliver to the Court a copy of
the draft with such alterations (if any) as the Court may
have directed upon the proper stamp-paper if a stamp is
required by the law for the time being in force; and the
Judge or such officer as may be appointed in this behalf
shall execute the document so delivered.
(5) The execution of a document or the endorsement of a
negotiable instrument under this rule may be in the
following form, namely :-
"C.D. Judge of the Court of
(or as the case may be), for A. B., in a suit by E.F.
against A. B.",
and shall have the same effect as the execution of the
document or the endorsement of the negotiable instrument by
the party ordered to execute or endorse the same.
(6) (a) Where the registration of the document is required
under any law for the time being in force, the Court, or
such officer of the Court as may be authorised in this
behalf by the Court, shall cause the document to be
registered in accordance with such law.
(b) Where the registration of the document is not so
required, but the decree-holder desires it to be registered,
the Court may make such order as it thinks fit.
(c) Where the Court makes any order for the registration of
any document, it may make such order as it thinks fit as to
the expenses of registration.
Rule 35 Order XXI of Code of Civil Procedure 1908 "Decree for immovable property"
(1) Which a decree is for the delivery of any immovable
property, possession thereof shall be delivered to the party
to whom it has been adjudged, or to such person as lie may
to receive delivery on his behalf, and, if necessary, by
removing any person bound by the decree who refuses to
vacate the property.
(2) Where a. decree is for the joint possession of immovable
property, such possession shall be delivered by affixing a
copy of the warrant in some conspicuous place on the
property and proclaiming by beat of drum, or other customary
mode, at some convenient place, the substance of the decree.
(3) Where possession of any building on enclosure is to be
delivered and the person in possession, being bound by the
decree, does not afford free access, the Court, through its
officers, may, after giving reasonable warning and facility
to an woman not appearing in public according to the customs
of the country to withdraw, remove or open any lock or bolt
or break open any door or do any other act necessary for
putting the decree-holder in possession.
Rule 36 Order XXI of Code of Civil Procedure 1908 "Decree for delivery of immovable property when in occupancy of tenant"
Where a decree is for the delivery of any immovable property in the occupancy of a tenant or other person entitled to occupy the same and not bound by the decree to relinquish such occupancy, the Court shall order delivery to be made by affixing a copy of the warrant in some conspicuous place on the property and proclaiming to the occupant by beat of drum or other customary mode, at some convenient place, the substance of the decree in regard to the property.