EXECUTION OF DECREES AND ORDERS
Payment under Decree
1. Modes of paying money under decree.__ (1) All money payable under a decree shall be paid as
follows, namely:a)
into the Court whose duty it is to execute the decree; or
b) out of Court to the decreeholder
1[through a bank or by postal money order or evidence by
writing signed by the decreeholder
or his authorized agent] ; or
c) otherwise as the Court which made the decree directs.
(2) Where any payment is made under clause (a) of subrule
(1), notice of such payment shall be
given to the decreeholder.
2. Payment out of Court to decree holder.__ (1) Where any money payable under a decree of
any kind is paid out of Court, or the decree is otherwise adjusted in whole or in part to the satisfaction
of the decreeholder,
the decreeholder
shall certify such payment or adjustment to the Court whose
duty it is to execute the decree, and the Court shall record the same accordingly.
(2) The judgmentdebtor
also may inform the Court of such payment or adjustment, and apply to
the Court to issue a notice to the decreeholder
to show cause, on a day to be fixed by the Court, why
such payment or adjustment should not be recorded as certified ; and if, after service of such notice,
the decreeholder
fails to show cause why the payment or adjustment should not be recorded as
certified, the Court shall record the same accordingly.
2[(3) Any payment not made in the manner provided in rule 1 or any adjustment not made in
writing shall not be recognized by the Court executing the decree.]
Courts executing Decrees
3. Lands situate in more than one jurisdiction. Where immoveable property forms one estate or
tenure situate within the local limits of the jurisdiction of two or more Courts, any one of such Courts
may attach and sell the entire estate or tenure.
1Ins. by the Law Reforms Ordinance, 1972 (12 of 1972), S.2 and Sch.
2Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for the original subrule
(3).
Code of Civil Procedure, 1908 [1908 : V]
Page 150 of 370
4. [Transfer to Court of Small Causes.] Omitted by the A.O., 1949.
5. Mode of transfer. Where the Court to which a decree is to be sent for execution is situate within
the same district as the Court which passed such decree, such Court shall send the same directly to the
former Courts. But, where the Court to which the decree is to be sent for execution is situate in a
different district, the Court which passed it shall send it to the District Court of the district in which the
decree is to be executed.
6. Procedure where Court desires that its own decree shall be executed by another Court.
The Court sending a decree for execution shall send a)
a copy of the decree ;
b) a certificate setting forth that satisfaction of the decree has not been obtained by execution
within the jurisdiction of the Court by which it was passed, or, where the decree has been
executed in part, the extent to which satisfaction has been obtained and what part of the
decree remains unsatisfied ; and
c) a copy of any order for the execution of the decree, or, if no such order has been made, a
certificate to that effect.
7. Court receiving copies of decree, etc., to file same without proof. The Court to which a
decree is so sent shall cause such copies and certificates to be filed, without any further proof of the
decree or order for execution, or of the copies thereof, unless the Court, for any special reasons to be
recorded under the hand of the Judge, requires such proof.
8. Execution of decree or order by Court to which it is sent. Where such copies are so filed, the
decree or order may, if the Court to which it is sent is the District Court, be executed by such Court or
be transferred for execution to any subordinate Court of competent jurisdiction.
9. Execution by High Court of decree transferred by other Court. Where the Court to which
the decree is sent for execution is a High Court, the decree shall be executed by such Court in the same
manner as if it had been passed by such Court in the exercise of its ordinary original civil jurisdiction.
Application for Execution
10. Application for execution. Where the holder of a decree desires to execute it, he shall apply
to the Court which passed the decree or to the officer (if any) appointed in this behalf, or if the decree
has been sent under the provisions hereinbefore contained to another Court then to such Court or to
the proper officer thereof.
11. Oral application.__ (1) Where a decree is for the payment of money the Court may, on he oral
application of the decreeholder
at the time of the passing of the decree, order immediate execution
thereof by the arrest of the judgmentdebtor,
prior to the preparation of a warrant if he is within the
precincts of the Court.
Code of Civil Procedure, 1908 [1908 : V]
Page 151 of 370
(2) Written application. Save as otherwise provided by subrule
(1), every application for the
execution of a decree shall be in writing, signed and verified by the applicant or by some other person
proved to the satisfaction of the Court to be acquainted with the facts of the case, and shall contain in a
tabular form the following particulars, namely (
a) the number of the suit ;
(b) the names of the parties ;
(c) the date of the decree ;
(d) whether any appeal has been preferred from the decree ;
(e) whether any, and (if any), what, payment or other adjustment of the matter in controversy
has been made between the parties subsequently to the decree ;
(f) whether any, and (if any) what, previous applications have been made for the execution of
the decree, the dates of such applications and their results ;
(g) the amount with interest (if any) due upon the decree, or other relief granted thereby,
together with particulars of any crossdecree,
whether passed before or after the date of the
decree sought to be executed ;
(h) the amount of the costs (if any) awarded ;
(i) the name of the person against whom execution of the decree is sought ; and
(j) the mode in which the assistance of the Court is required, whetheri)
by the delivery of any property specifically decreed ;
ii) by the attachment and sale, or by the sale without attachment, of any property ;
iii) by the arrest and detention in prison of any person ;
iv) by the appointment of a receiver ;
v) otherwise, as the nature of the relief granted may require.
(3) The Court to which an application is made under subrule
(2) may require the applicant to
produce a certified copy of the decree.
12. Application for attachment of moveable property not in judgmentdebtor`
s possession.
Where an application is made for the attachment of any movable property belonging to a judgmentdebtor
but not in his possession, the decreeholder
shall annex to the application an inventory of the
property to be attached, containing a reasonably accurate description of the same.
13. Application for attachment of immoveable property to contain particulars. Where an
application is made for the attachment of any immoveable property belonging to a judgmentdebtor,
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 such boundaries or numbers ; and
Code of Civil Procedure, 1908 [1908 : V]
Page 152 of 370
(b) a specification of the judgmentdebtor'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.
14. 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 certified 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.
15. Application for execution by joint decree holder.__(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 interests of the
persons who have not joined in the application.
16. 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 decreeholder
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 decreeholder
:
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 judgmentdebtor,
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.
17. Procedure on receiving application for execution of decree.(
1) On receiving an application
for the execution of a decree as provided by rule 11, subrule(
2), 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 may reject the application, or may allow the defect
to be remedied then and there or within a time to be fixed by it.
(2) Where an application is amended under the provisions of subrule
(1), it shall be deemed to
have been an application in accordance with law and presented on the date when it was first presented.
Code of Civil Procedure, 1908 [1908 : V]
Page 153 of 370
(3) Every amendment made under this rule shall be signed or initiated by the Judge.
(4) When the application is admitted, the Court shall enter in the proper register a not 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 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.
18. Execution in case of crossdecrees.__
(1) Where applications are made to a Court for the
execution of crossdecrees
in separate suits for the payment of two sums of money passed between the
same parties and capable of execution at the same time 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 of the decree for the smaller sum.
(2) This rule shall be deemed to apply where either party is an assignee of one of the decrees and
as well in respect of judgmentdebts
due by the original assignor as in respect of judgmentdebts
due by
the assignee himself.
(3) This rule shall not be deemed to apply unless (
a) the decreeholder
in one of the suits in which the decrees have been made is the judgmentdebtor
in the other and each party fills the same character in both suits; and
(b) the sums due under the decree are definite.
(4) The holder of a decree passed against several persons jointly and severally may treat it as a
crossdecree
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 Rs1,000. 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 crossdecree
under this rule.
(b) A and B, coplaintiffs,
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 crossdecrees
under this rule.
Code of Civil Procedure, 1908 [1908 : V]
Page 154 of 370
(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 as a crossdecree
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.100 against F singly and applies for execution to the Court in
which the jointdecree
is being executed, F may treat his jointdecree
as a crossdecree
under this rule.
19. Execution in case of crossclaims
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.
20. Crossdecrees
and crossclaims
in mortgage suits. The provisions contained in rules 18 and
19 shall apply to decrees for sale in enforcement of a mortgage or charge.
21. Simultaneous execution. The Court may, in its discretion, refuse execution at the same time
against the person and property of the judgmentdebtor.
22. Notice to show cause against execution in certain cases.__ (1) Where an application for
execution is made __
(a) more than one year after the date of the decree, or
(b) against the legal representative of a party to the decree, 1[or where an application is made
for execution of a decree filed under the provisions of section 44A,] 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 one year having
elapsed between the date of the decree and the application for execution if the application is made
within one year 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 judgmentdebtor,
if upon a previous application for execution
against the same person the Court has ordered execution to issue against him.
1Ins. by the Code of Civil Procedure (Amdt.) Act, 1937 (8 of 1937), section 3.
Code of Civil Procedure, 1908 [1908 : V]
Page 155 of 370
(2) Nothing in the foregoing subrule
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.
23. Procedure after issue of notice.__ (1) Where the person to whom notice is issued under the
last preceding rule 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 offers any objection to the execution of the decree, the Court shall consider
such objection and make such order as it thinks fit.
1[Objection to Execution
23A.
Deposit of decretal amount, etc. An objection by the judgmentdebtor
to the execution of a
decree shall not be considered by the Court unless __
(a) in the case of a decree for the payment of money, he either deposits the decretal amount in
Court or furnishes security for its payment; and
(b) in the case of any other decree, he furnishes security for the due performance of the
decree.].