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Report No. 27

"1. Modes of paying money under a decree.-(1) All money payable under a decree shall be paid as follows, namely:-

(a) by deposit into or by postal money-order sent to the Court whose duty it is to execute the decree, or through bank to that Court;

(b) out of Court to the decree-holder through a bank or by postal money-order or by any other mode wherein the payment is evidenced in writing;

(c) 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 like Court, or by registered post direct.

(3)Where money is paid by postal money-order under clause (a) or clause (b) of sub-rule (1), the money-order shall accurately state the following particulars, namely:-

(i) the number of the original suit;

(ii) the names of the parties;

(iii) how the money remitted is to be adjusted, that is to say, whether it includes the principal, interest or costs;

(iv) the number of the execution case of the Court, where such a case is pending;

(v) 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 under sub-rule (2).".

Order XXI, rule 2

In rule 2 of Order XXI of the First Schedule to the principal Act,-

(a) in sub-rule (1), for the words "or the decree is otherwise adjusted", the words "or a decree of any kind is otherwise adjusted" shall be substituted;

(b) after sub-rule (2), the following sub-rule shall be inserted, namely:-

"(2A) No payment or adjustment shall be recorded at the instance of the judgment-debtor unless-

(a) the payment is made in the manner provided in rule 1, or

(b) the adjustment is proved by documentary evidence, or

(c) the payment or adjustment is admitted by or on behalf of the decree-holder in his reply to the notice or before the Court.".

Order XXI, rule 11A (New)

After rule 11 of Order XXI of the First Schedule to the principal Act, the following rule shall be inserted, namely:-

"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.".

Order XXI, rule 17

For sub-rule (1) of rule 17 of Order XXI of the First Schedule to the principal Act, the following sub-rules shall be substituted, namely:-

"(1) On receiving an application for the execution of a decree as provided by sub rule (2) of rule 11, the Court shall ascertain whether such of the requirements of rules 11 to 14 as may be applicable to the case have been complied with; and, if they have not been complied with, the Court............... shall allow the defect to be remedied then and there or within a time to be fixed by it.

(1A) If the defect is not so remedied, the Court may reject the application.......

Provided that where the Court is of the opinion that the amount stated in the application as the amount due under the decree is not correct, the Court shall either-

(a) decide what the correct amount rs and allow the defect to be remedied as aforesaid before rejecting the application, or

(b) pass an order that the execution of the decree should, subject to the other provisions of this Code, issue for the amount provisionally decided by the Court as the correct amount, subject to the right of the applicant to get the question of the amount determined in the course of the proceedings.".

Order XXI, rule 22

In rule 22 of Order XXI of the First Schedule to the principal Act, in sub-rule (1),--

(a) in clause (a) and in the proviso, for the words "one year", wherever they occur, the words "two years" shall be substituted,

(b) the word "or" shall be inserted at the end of clause (b);

(c) after clause (b), the following clause shall be inserted, namely:-

"(c) Where the party to the decree has been adjudged to be an insolvent against the assignee or receiver in insolvency.".

Order XXI, rule 29

In rule 29 of Order XXI of the First Schedule to the principal Act, after the words "a decree of such Court", the words "or a decree which is being executed by such Court" shall be inserted.

Order XXI, rule 31

In rule 31 of Order XXI of the First Schedule to the principal Act, in sub-rules (2) and (3), for the words "six months", the words "three months" shall be substituted.

Order XXI, rule 32

In rule 32 of Order XXI of the First Schedule to the principal Act, in sub-rules (3) and (4), for the words "one year", the words "six months" shall be substituted.

Order XXI, rule 41

Rule 41 of Order XXI of the First Schedule to the principal Act shall be re-numbered as sub-rule (1) thereof, and after sub-rule (1) as so re-numbered, the following sub-rule shall be inserted, namely:-

"(2) Where a decree for the payment of money has remained unsatisfied for a period of thirty days, the Court may, on the application of the decree-holder, order that the judgment-debtor, or in the case of a corporation, any officer thereof, shall make an affidavit stating particulars of his assets; and the power of the Court to make any such order shall be without prejudice to its power under sub-rule (1).".



Code of Civil Procedure, 1908 Back




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