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Code of Civil Procedure, 1908


ORDER XXI

EXECUTION OF DECREES AND ORDERS

Payment under Decree

1. Modes of paying money under decree.

2. Payment out of Court to decree-holder.

Courts executing Decrees

3. Lands situate in more than one jurisdiction.

4. Transfer to Court of Small Causes.

5. Mode of transfer.

6. Procedure where Court desires that its own decree shall be executed by another Court.

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

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

9. Execution by High Court of decree transferred by other Court.

Application for execution

10. Application for execution.

11. Oral application. Written application.

12. Application for attachment of movable property not in judgment debtor's possession.

13 Application for attachment of immovable property to contain certain particulars.

14. Power to require certified extract from Collector's register in certain cases.

15. Application for execution by joint decree-holder.

16. Application for execution by transferee of decree.

17. Procedure on receiving application for execution of decree.

18. Execution in case of cross-decrees.

19. Execution in case of cross-claims under same decree.

20. Cross-decrees and cross-claims in mortgage-suits.

21. Simultaneous execution.

22. Notice to show cause against execution in certain cases.

23 Procedure after issue of notice.

Process for execution

24. Process for execution.

25. Endorsement on process.

Stay of execution

26. When Court may stay execution.

Power to require security from, or impose conditions upon, judgment-debtor.

27. Liability of judgment-debtor discharged.

28. Order of Court which passed decree or of Appellate Court to be binding upon Court applied to.

29. Stay of execution pending suit between decree-holder and judgment-debtor.

Mode of execution

30. Decree for payment of money.

31. Decree for specific movable property.

32. Decree for specific performance for restitution of conjugal rights or for an injunction.

33. Discretion of Court in executing decrees for restitution of conjugal rights.

34. Decree for execution of document, or endorsement of negotiable instrument.

35. Decree for immovable property.

36. Decree for delivery of immovable property when in occupancy of tenant.

Arrest and detention in the civil prison

37. Discretionary power to permit judgment-debtor to show cause against detention in prison.

38. Warrant for arrest to direct judgment-debtor to be brought up.

39. Subsistence-allowance.

40. Proceedings on appearance of judgment-debtor in obedience to notice or after arrest.

Attachment of property

41. Examination of judgment-debtor as to his property.

42. Attachment in case of decree for rent or mesne profits or other matter, amount of which to be subsequently determined.

43. Attachment of movable property, other than agricultural produce, in possession of judgment-debtor.

44. Attachment of agricultural produce.

45. Provisions as to agricultural produce under attachment.

46. Attachment of debt, share a all other property not in possession of judgment-debtor.

47. Attachment of share in movable.

48. Attachment of salary or allowances of servant of the Government or railway company or local authority.

49. Attachment of partnership property.

50. Execution of decree against firm.

51. Attachment of negotiable instruments.

52. Attachment of property in custody of Court or public officer.

53. Attachment of decrees.

54. Attachment of immovable property.

55. Removal of attachment after satisfaction of decree.

56. Order for payment of coin or currency notes to party entitled under decree.

57. Determination of attachment.

Investigation of claims and objections

58. Investigation of claims to, and objections to attachment of, attached

property. Postponement of sale.

59. Evidence to be adduced by claimant.

60. Release of property from attachment.

61. Disallowance of claim to property attached.

62. Continuance of attachment subject to claim of incumbrancer.

63. Saving of suits to establish right to attached property.

Sale generally

64. Power to order property attached to be sold and proceeds to be paid to person entitled.

65. Sales by whom conducted and how made.

66. Proclamation of sales by public auction.

67. Mode of making proclamation.

68. Time of sale.

69. Adjournment or stoppage of sale.

70. Saving of certain sales.

71. Defaulting purchaser answerable for loss on re-sale.

72. Decree-holder not to bid for or buy property without permission. Where decree-holder purchases, amount of decree may be taken as payment.

73. Restriction on bidding or purchase by officers.

Sale of movable property

74. Sale of agricultural produce.

75. Special provisions relating to growing crops.

76. Negotiable instruments and shares in corporations.

77. Sale by public auction.

78. Irregularity not to vitiate sale, but any person injured may sue.

79. Delivery of movable property, debts and shares.

80. Transfer of negotiable instruments and shares.

81. Vesting order in case of other property.

Sale of immovable property

82. What Courts may order sales.

83. Postponement of sale to enable judgment-debtor to raise amount of decree.

84. Deposit by purchaser and re-sale on default.

85. Time for payment in full of purchase-money.

86. Procedure in default of payment.

87. Notification on re-sale.

88. Bid of co-sharer to have preference.

89. Application to set aside sale on deposit.

90. Application to set aside sale on ground of irregularity or fraud.

91. Application by purchaser to set aside sale on ground of judgment debtor having no saleable interest.

92. Sale when to become absolute or be set aside.

93. Return of purchase-money in certain cases.

94. Certificate to purchaser.

95. Delivery of property in occupancy of judgment-debtor.

96. Delivery of property in occupancy of tenant.

Resistance to delivery of possession to decree-holder or purchaser

97. Resistance or obstruction to possession of immovable property.

98. Resistance or obstruction by judgment-debtor.

99. Resistance or obstruction by bona fide claimant.

100. Dispossession by decree-holder or purchaser.

101. Bona fide claimant to be restored to possession.

102. Rules not applicable to transferee lite pendente.

103. Orders conclusive subject to regular suit.



Code of Civil Procedure, 1908 Back




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