Rule 23 Order XXI of Code of Civil Procedure 1908 "Procedure after issue of notice"
(1) Where the person to whom notice is issued under rule
22 does not appear or does not show cause to the
satisfaction of the Court why the decree should not be
executed, the Court shall order the decree to be executed.
(2) Where such person otters any objection to the execution
of the decree, the Court shall consider such. objection and
make such order as it thinks fit.
Rule 24 Order XXI of Code of Civil Procedure 1908 "Process for execution"
(1) When the preliminary measures (if any) required
by the foregoing rules have been taken, the Court shall,
unless it sees cause to the contrary, issue its process
for the execution of the, decree.
(2) Every such process shall bear date the day on which
it is issued, and shall be signed by the Judge or such
officer as the Court may appoint in this behalf, and
shall be scaled with the seal of the Court and delivered
to the proper officer to be executed.
(3) In every such process, a day shall be specified on
or before which it shall be executed and a day shall
also be specified on or before which it shall be
returned to the Court, but no process shall be deemed to
be void if no day for its return is specified therein.
Rule 25 Order XXI of Code of Civil Procedure 1908 "Endorsement on process"
(1) The officer entrusted with the execution of the
process shall endorse thereon the day on, and the manner in,
which it was executed, and, if the latest day specified in
the process for the return thereof has been exceeded, the
reason of the delay, or, if it was not executed, the reason
why it was not executed, and shall return the process with
such endorsement to the Court.
(2) Where the endorsement is to the effect that such officer
is unable to execute the process, the Court shall examine
him touching his alleged inability, and may, if it thinks
fit, summon and examine witnesses as to such inability, and
shall record the result.
Rule 26 Order XXI of Code of Civil Procedure 1908 "When Court may stay execution"
(1) The Court to which a decree has been sent for
execution shall, upon sufficient. cause being shown, stay
the execution of such decree for a reasonable time, to
enable the Judgment-debtor to apply to the Court by which
the decree was passed, or to any Court having appellate
jurisdiction in respect of the decree or the execution
thereof, for an order to stay execution, or for any other
order relating to the decree or execution which might have
been made by such Court of first instance or Appellate Court
if execution had been issued thereby, or if application for
execution had been made thereto.
(2) Where the property or person of the judgment-debtor has
been seized under an execution, the Court which issued the
execution may order the restitution of such property or the
discharge of such person pending the result of the
application.
(3) Power to require security from, or impose conditions
upon, judgment-debtor-
Before making an order to stay execution, or for the
restitution of property or the discharge of the
judgment-debtor, the Court shall require such security from.
or impose such conditions upon, the judgment-debtor as it
thinks fit.
Rule 27 Order XXI of Code of Civil Procedure 1908 "Liability of judgment-debtor discharged"
No order of restitution or discharge under rule 26 shall prevent the property or person of a judgment-debtor from being retaken in execution of the decree sent for execution.
Rule 28 Order XXI of Code of Civil Procedure 1908 "Order of Court which passed decree or of Appellate Court to be binding upon Court applied to"
Any order of the Court by which the decree was passed, or of such Court of appeal as aforesaid, in relation to the execution of such decree, shall he binding upon the Court to which the decree was sent for execution
Rule 29 Order XXI of Code of Civil Procedure 1908 "Stay of execution pending suit between decree-holder and judgment-debtor"
Where a suit is pending in any Court against the holder
of a decree of such Court 16[or of a decree which is being
executed by such Court, on the part of the person against
whom the decree was passed, the Court may, on such terms as
to security or otherwise, as it thinks fit, stay execution
of the decree until the pending suit has been decided:
Provided that if the decree is one for payment of money, the
Court shall, if it grants stay without requiring security,
record its reasons for so doing.