Rule 13 Order XXI of Code of Civil Procedure 1908 "Application for attachment of immovable property to contain certain particulars"
Where an application is made for the attachment of any
immovable property belonging to a judgment-debtor, it shall
contain at the foot-
(a) a description of such property sufficient to identify
the same and, in case such property can be identified by
boundaries or numbers in a record of settlement or survey, a
specification of inch boundaries or numbers; and
(b) a specification of the judgment-debtor's share or
interest in such property to the best of the belief of the
applicant, and so far as he has been able to ascertain the
same.
Rule 14 Order XXI of Code of Civil Procedure 1908 "Power to require certified extract from Collector's register in certain cases"
Where an application is made for the attachment of any land which is registered in the office of the Collector, the Court may require the applicant to produce a certificate extract from the register of such office, specifying the persons registered as proprietors of, or as possessing any transferable interest in, the land or its revenue, or as liable to pay revenue for the land, and the shares of the registered proprietors.
Rule 15 Order XXI of Code of Civil Procedure 1908 "Application for execution by joint decree-holders"
(1) Where a decree has been passed jointly in favour of
more persons than one, any one or more of such persons may,
unless the decree imposes any condition to the contrary,
apply for the execution of the whole decree for the benefit
of them all, or, where any of them has died, for the benefit
of the survivors and the legal representatives of the
deceased.
(2) Where the Court sees sufficient cause for allowing the
decree to be executed on an application made under this
rule, it shall make such order as it deems necessary for
protecting the interest of the persons who have not joined
in the application.
Rule 16 Order XXI of Code of Civil Procedure 1908 "Application for execution by transferee of decree"
Where a decree or, if a decree has been passed jointly in
favour of two or more persons, the interest of any
decree-holder in the decree is transferred by assignment in
writing or by operation of law, the transferee may apply for
execution of the decree to the Court which passed it; and
the decree may be executed in the same manner and subject to
the same conditions as if the application were made by such
decree-holder :
Provided that, where the decree, or such interest as
aforesaid, has been transferred by assignment, notice of
such application shall be given to the transferor and the
judgment-debtor, and the decree shall not be executed until
the Court has heard their objections (if any) to its
execution :
Provided also that, where a decree for the payment of money
against two or more persons has been transferred to one of
them, it shall not be executed against the others.
Explanation.- Nothing in this rule shall affect the
provisions of section 146, and a transferee of rights in the
property, which is the subject matter of the suit, may apply
for execution of the decree without a separate assignment of
the decree as required by this rule.
Rule 17 Order XXI of Code of Civil Procedure 1908 "Procedure on receiving application for execution of decree"
(1) On receiving an application for the execution of a
decree as provided by rule 11, sub-rule (2), the Court shall
ascertain whether such of the requirement's 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 shall
reject the application
Provided that where, in the opinion of the Court, there is
some inaccuracy as to the amount referred to in clauses (g)
and (h) of sub-rule (2) of rule 11, the Court shall, instead
of rejecting the application, decide provisionally (without
prejudice to the right of the parties to have the amount
finally decided in the course of the proceedings) the amount
and make An order for the execution of the decree for the
amount so provisionally decided.]
(2) Where an application is amended under the provisions of
sub-rule (1), it shall be decreed to have been an
application in accordance with law and presented on the date
when it was first presented.
(3) Every amendment made under this rule shall be signed or
initialed by the Judge.
(4) When the application is admitted, the Court shall enter
in the proper register a note of the application and the
date on which it was made, and shall, subject to the
provisions hereinafter contained, order execution of the
decree according to the nature of the application :
Provided that, in the case of a decree for the payment of
money, the value of the property attached shall, as nearly
as may be, correspond with the amount due under the decree.
Rule 18 Order XXI of Code of Civil Procedure 1908 "Execution in case of cross-decrees"
(1) Where applications are made to a Court for the
execution of cross-decrees in separate suits for. the
payment of two sums of money passed between the same parties
and capable of execution at the same time by such Court,
then-
(a) if the two sums are equal, satisfaction shall be entered
upon both decrees; and
(b) if the two sums are unequal execution may be taken out
only by the holder of the decree for the larger sum and for
so much only as remains after deducting the smaller sum, and
satisfaction for the smaller sum shall be entered on the
decree for the larger sum as well as satisfaction on the
decree for the smaller sum.
(2) This rule shall be decreed to apply where either party
is an assignee of one of the decrees and as well in respect
of judgment-debts due by the original assignor as in respect
of judgment-debts due by the assignee himself
(3) This rule shall not be deemed to apply unless-
(a) the decree-holder in one of the suits in which the
decrees have been made is the judgment-debtor in the other
and each party files the same character in both suits; and
(b) the sums due under the decrees are definite.
(4) The holder of a decree passed against several persons
jointly and severally may treat is as a cross-decree in
relation to a decree passed against him singly in favour of
one or more of such persons.
Illustrations
(a) A holds a decree against B for Rs. 1,000. B holds a
decree against A for the payment of Rs. 1,000 in case A
fails to deliver certain goods at a future day. B cannot
treat his decree as a cross-decree under this rule.
(b) A and B, co-plaintiffs, obtain a decree for Rs. 1,000
against C, and C obtains a decree for Rs. 1,000 against B. C
cannot treat his decree as a cross-decree under this rule.
(c) A obtains a decree against B for Rs. 1,000 C, who is a
trustee for B, obtains a decree on behalf of B against A for
Rs. 1,000 B cannot treat C's decree at a cross-decree under
this rule.
(d) A, B, C, D and E are jointly and severally liable for
Rs.1,000 under a decree obtained by F. A obtains a decree
for Rs. 1,000 against F singly and applies for execution to
the Court in which the joint-decree is being executed, F may
treat his joint-decree as cross-decree under this rule.
Rule 19 Order XXI of Code of Civil Procedure 1908 "Execution in case of cross-claims under same decree"
Where application is made to a Court for the execution of
a decree under which two parties are entitled to recover
sums of money from each other, then-
(a) if the two sums are equal, satisfaction for both shall
be entered upon the decree; and
(b) if the two sums are unequal, execution may be taken out
only by the party entitled to the larger sum and for so much
only as remains after deducting the smaller sum, and
satisfaction for the smaller sum shall be entered upon the
decree.
Rule 20 Order XXI of Code of Civil Procedure 1908 "Cross-decrees and cross-claims in mortgage-suits"
The provisions contained in rules 18 and 19 shall apply to decrees for sale in enforcement of a mortgage or charge.
Rule 21 Order XXI of Code of Civil Procedure 1908 "Simultaneous execution"
The Court may, in its discretion, refuse execution at the same time against the person and property of the judgment-debtor.
Rule 22 Order XXI of Code of Civil Procedure 1908 "Notice to show cause against execution in certain cases"
(1) Where an application for execution is made.-
(a) more than 11[two years] after the date of the decree, or
(b) against the legal representative of a party to the
decree or where an application is made for execution of a
decree filed under the provisions of section 44A], or
(c) against the assignee or receiver in insolvency, where
the party to the decree has been adjudged to be an
insolvent, the Court executing the decree shall issue a
notice to the person against whom execution is applied for
requiring him to show cause, on a date to be fixed, why the
decree should not be executed against him :
Provided that no such notice shall be necessary in
consequence of more than two years having elapsed between
the date of the decree and the application for execution if
the application is made within two years from the date of
the last order against the party against whom execution is
applied for, made on any previous application for execution,
or in consequence of the application being made against the
legal representative of the judgment-debtor if upon a
previous application for execution against the same person
the Court has ordered execution to issue against him.
(2) Nothing in the foregoing sub-rule shall be deemed to
preclude the Court from issuing any process in execution of
a decree without issuing the notice thereby prescribed, if,
for reasons to be recorded, it considers that the issue of
such notice would cause unreasonable delay or would defeat
the ends of justice.
Rule 22A Order XXI of Code of Civil Procedure 1908 "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"
Where any property is sold in execution of a decree, the sale shall not be set aside merely by reason of the death of the judgment-debtor between the date of issue of the proclamation of sale and the date of the sale notwithstanding the failure of the decree-holder to substitute the legal representative of such deceased judgment-debtor, but, in case of such failure, the Court may set aside the sale if it is satisfied that the legal representative of the deceased judgment-debtor has been prejudiced by the sale.