📘 CIVIL PROCEDURE CODE : ORDER XXI

Preparation for RJS, DJS, PCS (J) and other Judicial Service exams

⚖️ CIVIL PROCEDURE CODE EXPLAINED

The Civil Procedure Code forms the bedrock of any and every Judicial Service exam in the country. Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam. To help such aspirants DELHI LAW ACADEMY JAIPUR has launched a series of study material modules on all important aspects of this vital part of their syllabus:

⚙️ ORDER XXI EXECUTION OF DECREES AND ORDERS

Attachment of salary of private employees

Rule 48A

• Where the property to be attached

– is salary or allowances of an employee other than an employee to whom rule 48 applies

• Court may order

– where the disbursing officer is within Court’s jurisdiction

– that the amount shall be withheld from such salary or allowances

– subject to provisions of section 60

Attachment of negotiable instruments

Rule 51

• Where the property is a negotiable instrument

– not deposited in a Court, not in custody of a public officer

• attachment shall be made

– by actual seizure and

– the instrument shall be brought into Court

Attachment of decrees

Rule 53

• Where the property to be attached is a decree

– either for payment of money or for sale in enforcement of a mortgage

• attachment shall be made

– by an order of the Court, if the decrees were passed by the same Court

Attachment of immovable property

Rule 54

• Where the property is immovable:

• attachment shall be made

– by an order prohibiting the judgment-debtor from transferring or charging the property in any way

Power to order property attached to be sold

Rule 64

• Any Court executing a decree may order

– that any property attached by it and liable to sale shall be sold and

– that the proceeds of such sale [or a sufficient portion thereof] shall be paid to the party entitled under the decree

Proclamation of sale by public auction

Rule 66

• Where

– any property is ordered to be sold by public auction in execution of a decree

• Court

– shall cause a proclamation of the intended sale to be made in the language of such Court

Time of sale

Rule 68

• Save proviso to rule 43:

• no sale shall take place

– without consent in writing of judgment-debtor

• until after expiration

– of fifteen days in case of immovable property and

– of seven days in case of movable property

• calculated from the date on which copy of proclamation was affixed on court-house

Decree holder not to bid

Rule 72

• No holder of a decree

– in execution of which property is sold

• shall bid for or purchase the property

– without express permission of Court

Sale when to become absolute

Rule 92

• Where

– no application is made under rules 89, 90 or 91 or such application is made and disallowed

• Court

– shall make an order confirming the sale and

• thereupon, the sale shall become absolute:

Certificate to purchaser

Rule 94

• Where

– a sale of immovable property has become absolute

• Court shall grant a certificate

– specifying the property sold and

– the name of the person who at the time of sale is declared to be the purchaser

• Such certificate

– shall bear date the day on which the sale became absolute

Obstruction to possession of immovable property

Rule 97

• Where

– holder of a decree for possession of immovable property or purchaser of any such property sold in execution

– is resisted or obstructed by any person in obtaining possession

• he may make an application to Court

– complaining of such resistance or obstruction

Orders after adjudication

Rule 98(1)

• Upon determination of questions referred in rule 101:

• Court shall

– make an order allowing the application and directing that the applicant be put into possession of the property or dismissing the application or

– pass such other order as it may deem fit

Rule 98(2)

• Where, upon such determination:

• Court is satisfied

– that the resistance or obstruction was occasioned without any just cause

• by the judgment-debtor or

• by some other person at his instigation or on his behalf or

• by any transferee, where such transfer was made during pendency of the suit or execution proceeding…

• it shall direct

– that the applicant be put into possession of the property and

• where

– the applicant is still resisted or obstructed in obtaining possession

• Court may also order

– at the instance of the applicant

– the judgment-debtor or other person to be detained in civil prison upto thirty days

Orders to be treated as decrees

Rule 103

• Where

– any application has been adjudicated under rules 98 or 100:

• the order made thereon

– shall have the same force and conditions as if it were a decree

Hearing of application

Rule 105(1)

• The Court

– before which an application under any of the foregoing rules of this Order is pending

• may fix a day for hearing of the application

Rule 105(2)

• Where on the day fixed

– the applicant does not appear

• Court may make an order

– that the application be dismissed

Rule 105(3)

• Where

– the applicant appears and the opposite party does not appear

• Court

– may hear the application ex parte and pass such order as it thinks fit

Setting aside orders passed ex parte etc.

Rule 106

• The applicant

– against whom an order is made under sub-rule (2) or

• the opposite party

– against whom an order is passed ex parte under sub-rule (3)

• may apply to the Court to set aside the order

• If he satisfies the Court

– that there was sufficient cause for his non-appearance

• Court

– shall set aside the order and

– shall appoint a day for further hearing of the application

Rule 106(3)

• An application under sub-rule (1)

– shall be made within thirty days from the date of order

• In case of an ex parte order: where notice was not duly served

• application shall be made

– within thirty days from the date when applicant had knowledge of the order

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❓ Frequently Asked Questions – CPC Order XXI (Advanced Execution)