📘 CIVIL PROCEDURE CODE : ORDER XXI

TOPICS:

• EXECUTION METHODS FOR DIFFERENT TYPES OF DECREES:

o Decree for restitution of conjugal rights or for injunction or for specific performance of a contract

o Decree against a husband for restitution of conjugal rights

o Decree for execution of document

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⚖️ CIVIL PROCEDURE CODE EXPLAINED

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⚙️ ORDER XXI EXECUTION OF DECREES AND ORDERS

Execution methods for different types of decrees:

……..

3. Decree for restitution of conjugal rights or for injunction or for specific performance of a contract

Rule 32(1)

• Where

– the party against whom a decree has been passed

• for specific performance of a contract or

• for restitution of conjugal rights or

• for an injunction

– has had an opportunity of obeying the decree and

– has wilfully failed to obey it

• the decree may be enforced

– by attachment of his property

• in case of decree for restitution of conjugal rights

– by his detention in civil prison or by attachment of his property or by both

• in case of decree for specific performance of a contract or for an injunction

Rule 32(2)

• Where

– the party against whom a decree for specific performance or for an injunction has been passed

– is a corporation

• the decree may be enforced

– by attachment of property of the corporation or

– by detention in civil prison of its directors or other principal officers: with leave of Court or

– by both attachment and detention

Sale of attached property

Rule 32(3)

• Where

– such attachment has remained in force for 6 months

• such property may be sold

• if

– judgment debtor has not obeyed the decree and

– decree holder has applied to have the attached property sold

• Out of the proceeds:

• the court

– may award to the decree holder such compensation as it thinks fit and

– shall pay the balance to the judgment debtor on his application

Substituted performance when decree is not obeyed

Rule 32(5)

• Where

– a decree for specific performance of a contract or for an injunction has not been obeyed

• the Court may

– in lieu of or in addition to these processes

• direct that the act required to be done

– may be done by the decree-holder or some other person appointed by the Court

– at the cost of judgment-debtor

• Upon the act being done:

• expenses incurred

– may be ascertained and

– recovered as if these were included in the decree

Illustration

• A, a person of little substance, erects a building which renders uninhabitable a family mansion belonging to B.

• A, in spite of his detention in prison and attachment of his property, declines to obey a decree directing him to remove the building.

• Court is of opinion that no sum realizable by sale of A‘s property would adequately compensate B for the depreciation in the value of his mansion.

• B may apply to the Court to remove the building and may recover the cost of such removal from A in the execution-proceedings.

4. Decree against a husband for restitution of conjugal rights

Rule 33(1)

• Notwithstanding rule 32:

• court may order

– either at the time of passing a decree against a husband for restitution of conjugal rights

– or at any time afterwards

• that the decree shall be executed

– in the manner provided in this rule

Periodical payments if decree is not obeyed

Rule 33(2)

• Where the court has made an order under sub-rule (1)

• it may order

– that judgment debtor shall make to the decree holder such periodical payments as may be just

– if the decree is not obeyed within a specified period

Rule 33(4)

• Any money so ordered to be paid

– may be recovered as though it were payable under a decree for payment of money

5. Decree for execution of document

Rule 34(1)

• Where

– a decree is for execution of a document and

– judgment debtor neglects to obey the decree

• the decree holder may

– prepare a draft of the document in accordance with the decree and

– deliver the same to the court

Rule 34(2)

• Court shall thereupon

– cause the draft to be served on the judgment debtor

– together with a notice requiring his objections

Rule 34(3)

• Where judgment debtor objects to the draft:

• his objections

– shall be stated in writing within a specified time and

• Court shall make

– such order approving or altering the draft as it thinks fit

Rule 34(4)

• Decree holder shall deliver to the court

– a copy of the draft with alterations as directed by the court

– upon proper stamp paper and

• the Judge or other appointed officer

– shall execute the document so delivered

Rule 34(5)

• Execution of a document may be in the following form:

– C.D. [Judge of the court of…] for A.B., in suit by E.F. against A.B.

DLA Note:

• A.B. : Judgment debtor

• C.D. : Name of Judge

• E.F. : Decree holder

• Such execution

– shall have the same effect

– as execution of the document by the party ordered to execute the same

Rule 34(6)

• Where

– registration of the document is required under law

• Court or its authorised officer

– shall cause the document to be registered

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❓ Frequently Asked Questions – CPC Order XXI (Special Decrees)