Appendix E – Civil Procedure Code 1908

Civil Procedure Code 1908

 

 

APPENDIX E. EXECUTION

 

No. 1

Notice to Show Cause Why a Payment or Adjustment should not be Recorded as Certified

(O 21,R. 2)

(Title)

 

Whereas in execution of the decree in the above-named suit. ….. .has applied to this Court that the sum of Rs. ….. recoverable under the decree has been paid/adjusted and should be recorded as certified, this is to give you notice that you are to appear before this Court on the……… day of……… 19…….. to show cause why the payment/adjustment aforesaid
should not be recorded as certified.

 

Given under my hand and the seal of the Court, this…….day of……. 19 …….

 

Judge

 

No. 2

Precept

(Section 46)

(Title)

 

Upon hearing the decree-holder it is ordered that this precept be sent to the Court of……….at………… under section 46 of the Code of Civil Procedure, 1908, with directions to attach the property specified in the annexed schedule and to hold the same pending any application which may be made by the deree-holder for executive of the decree.

 

No. 3

Order Sending Decree for Execution to another Court

(O. 21, R. 6)

(Title)

 

Whereas the decree-holder in the above suit has applied to this Court for a certificate to be sent to the Court of…….. at……. for execution of the decree in the above suit by the said Court, alleging that the judgment-debtor resides or has property within the local limits, of the jurisdiction of the said Court, and it is deemed necessary and proper to send a certificate to the said Court under Order XXI, rule 6, of the Code of Civil Procedure, 1908, it is

 

Ordered: That a copy of this order be sent to …….. with a copy of the decree and of any order which may have been made for execution of the same and a certificate of non-satisfaction. Dated the……… day of……. 19….

 

Judge

 

No. 4

Certificate of Non-Satisfaction of Decree

(O. 21, R. 6.)

(Title)

 

Certified that no1 satisfaction of the decree of this Court in suit No…….. of 19 …., a copy which is hereunto attached, has been obtained by execution within the jurisdiction of this Court. Dated the ……… day of……. 19 ….

 

Judge

 

1. If partial, strike out “no” and state to what extent.

 

No. 5

Certificate of Execution of Decree Transferred to Another Court

(O. 21, R. 6)

(Title)

 

Table no. 5 Link

 

Signature of Maharir incharge

Signature of Judge

 

No. 6

Application for Execution of Decree

(0.21.R. 11)

 

In the Court of

 

I……. decree-holder, hereby apply for execution of the decree herein
-below set forth:

 

Table no. 6 link

 

 

I……. declare that what is stated herein is true to the best of my knowledge and belief.

 

Signed……………….. decree-holder

 

Dated the ……… day of……. 19 …..

 

[When attachment and sale of immovable property is sought.]

Description and specification of property

 

The undivided one-third share of the judgment-debtor in a house situated in the village of……. value Rs. 40, and bounded as follows :-

 

East by G’s house; west by H’s house; south by public road; north by private lane and J’s house.

 

I……. declare that what is stated in the above description is true to the best of my knowledge and belief, and so far as I have been able to ascertain the interest of the defendant in the property therein specified.

 

Signed…………… decree-holder

 

 

HIGH COURT AMENDMENT

 

 

Patna.-In Appendix E, in Form No. 6, in column 6, in heading, after the word “date” insert the words “, date of final order passed on it”.

 

No. 7

Notice to Show Cause Why Execution should not Issue

(O. 21, R. 16)

(Title)

 

To

Whereas ………….. has made application to this Court for execution of decree in Suit No……….. of 19 …… on the allegation that the said decree has transferred to him by assignment 1 [or without assignment], this is to give you notice that you are to appear before this Court ……. on the ……… day of……. 19 …., to show cause why execution should not be granted.

 

Given under my hand and the seal of the Court, this ……… day of……. 19 ….

 

Judge.

 

1. Ins. by Act No. 104 of 1976, (w.e.f. 1-2-1977).

 

No. 8

Warrant of Attachment of Movable Property in Execution of a Decree for Money

(O.21.R.30)

(Title)

To

The Bailiff of the Court,

Whereas ……. was ordered by decree of this Court passed on the day of…….19 … .. in Suit No. ……. of 19 …….. to oav to the plaintiff. …………. the sum of Rs. . …………. as noted in the margin: and whereas the said sum of Rs. ……. has not been paid; These are to command you to attach the movable property of the said ……. . . , as set forth in the schedule hereunto annexed, or which shall be pointed out to you by the said ……… and unless the said ……. shall pay to you the said sum of Rs. ……. together with Rs. …….. the costs of this attachment, to hold the same until further orders from this Court.

 

 

Decree      
Principal      
Interest      
Costs      
Cost of execution      
Further interest      

 

 

You are further commanded to return this warrant on or before the ……… day of……. 19…., with an endorsement certifying the day on which and manner in which it has been executed, or why it has not been executed.

 

Given under my hand and the seal of the Court, this……… day of……. 19 ….,

Schedule

 

Judge.

 

HIGH COURT AMENDMENTS

 

Allahabad.-In Appendix E, in Form No. 8, between the words “command you to attach” and the words “the movable property of the said”, insert the words “on or before the day of

 

Andhra Pradesh.-Same as in Allahabad.

 

Kerala.-In Appendix E, in Form No. 8,-

 

(i) for the word ‘Bailiff, substitute the word “Amin.

 

(ii) between the words “command you to attach” and the words “the movable property” insert the words “on or before the day of…………….”

 

Madras.-Same as in Allahabad. ..

 

No. 9

Warrant for Seizure of Specific Movable Property Adjudged by Decree

(O. 21, R. 31)

(Title)

To

The Bailiff of the Court.

 

Whereas ……. was ordered by decree of this Court passed on the ……… day of……. 19 ….. in Suit No…….. of 19…., to deliver to the plaintiff the movable property (or a……. share in the movable property) specified in the schedule hereunto annexed, and whereas the said property (or share) has not been delivered.

 

These are to command you to seize the said movable property (or a ……. share of the said movable property) and to deliver it to the plaintiff or to such person as he may appoint in this behalf. Given under my hand and the seal of the Court, this……… day of……. 19 ….,

Schedule

 

Judge.

 

HIGH COURT AMENDMENT

 

Kerala.-In Appendix E, in Form 9, for the word “Bailiff”, substitute the word “Amin”. (w.e.f. 9-6-1959}

 

No. 10

Notice to State Objections to Draft of Document

(O. 21.R.34)

(Title)

To

Take notice that on the ……… day of……. 19 ………… the decree-holder in the above suit presented an application to this Court that the Court may execute on your behalf a deed of…….. whereof a draft is hereunto annexed, of the immovable property specified hereunder, and that the……… day of……. 19 …., is appointed for the hearing of the said application, and that you are at liberty to appear on the said day and to state in writing any objections to the said draft.

 

Description of property

 

Given under my hand and the seal of the Court, this ……… day of……. 19 ….,

 

Judge.

 

No. 11

Warrant to the Bailiff to Give Possession of Land, etc.

(O. 21, R. 35)

(Title)

 

To

The Bailiff of the Court.

Whereas the under mentioned property in the occupancy of………….. has been decreed to …….. the plaintiff in this suit; You are hereby directed to put the said ………….. in p
ossession of the same, and you are hereby authorized to remove any person bound by the decree who may refuse to vacate the same.

 

Given under my hand and the seal of the Court, this ……… day of……. 19…..

Schedule

 

Judge.

 

HIGH COURT AMENDMENT

 

Kerala.-In Appendix E, in Form No. 11, for the word “Bailiff”, substitute the word “Amin”. (w.e.f. 9-6-1959)

 

No. 12

Notice to Show Cause Why Warrant of Arrest should not Issue

(O. 21, R. 37)

(Title)

To

Whereas …….. has made application to this Court for execution of decree in Suit No. ……. of 19 …… by arrest and imprisonment of your person, you are hereby required to appear before this Court on the ……… day of……. 19 …., to show cause why you should not be committed to the civil prison in execution of the said decree.

 

Given under my hand and the seal of the Court, this ……… day of……. 19….,

 

Judge.

 

No. 13

Warrant of Arrest in Execution

(O. 21, R. 38)

(Title)

To

The Bailiff of the Court. Whereas ……… was adjudged by a decree of the Court in suit No. …… of 19 .. . ., dated the ……… day of ……. 19 … ., to pay to the decree-holder the sum of Rs. . ….. as noted in the margin, and whereas the said sum of Rs. ….. has not been paid to the said decree-holder in satisfaction of the said decree, these are to command you to arrest the said judgment-debtor and unless the said judgment-debtor shall pay to you the said sum of Rs………… together with Rs…….. for the cost of executing this process, to bring the said defendant before the Court with all convenient speed.

 

Decree      
Principal      
Interest      
Costs      
Cost of execution      
Further interest      

 

You are further commanded to return this warrant on or before the …………. Day of ……19 …….., with an endorsement certifying the day on which and manner in which it has been executed, or the reason why it has not been executed.

 

Given under any hand and the seal of the Court, this ………….. day of ……….. 19……….,

 

HIGH COURT AMENDMENTS

 

Kerala.-In Appendix E, in Form No. 13, for the word “Bailiff, substitute the word “Amin”. (w.e.f. 9-6-1959).

 

No. 14

Warrant of Commital of Judgment-Debtor to Jail

(O.21, R.40)

(Title)

To

The Officer in charge of the Jail at

Whereas ……. who has been brought before this Court this ……… day of…….. . 19…., under a warrant in execution of a decree which was made and pronounced by the said Court on the……… day of……. 19 …., and by which decree it was ordered that the said……. should pay…….; And whereas the said…… . has n
ot obeyed the decree nor satisfied the Court that he is entitled to be discharged from custody; You are hereby commanded and required to take and receive the said……. into the civil prison and keep him imprisoned therein for a period not exceeding ……. or until the said decree shall be fully satisfied, or the said………. shall be otherwise entitled to be released according to terms and provisions of Section 58 of the Code of Civil Procedure, 1908; and the Court does hereby fix 1 [* * * ]per diem as the rate of the monthly allowance for the subsistence of the said ……. during his confinement under this warrant of committal.

 

Given under my hand and the seal of the Court, this ….. day of……… 19….,

Judge.

 

1. The word “annas” omitted by Act No. 104 of 1976, (w.e.f. 1-2-1917).

 

HIGH COURT AMENDMENTS

 

Andhra Pradesh.-Same as in Madras.

 

Kerala.-Same as in Madras with the following changes:-

 

(i) for the word “Bailiff”, substitute the word “Arnin”.

 

(ii) for the words “Central Nazir”, substitute the word “Nazir”. (w.e.f. 9-6-1959)

 

Madras.-In Appendix E, after Form 14, insert the following Form, namely:-

 

“No. 14A
ORDER OF ENTRUSTMENT OF JUDGMENT-DEBTOR TO THE CUSTODY OF AN OFFICER OF COURT

[Order XXI, rule 40, sub rule (2) and the proviso to sub-rule (3)]

 

IN THE COURT OF THE …………………… OF ……….

 

To

The Bailiff of the Court.

 

WHEREAS…………………… who has been brought before this Court, …. …… this ……….. day of ………19…./20…., under warrant in execution of a decree which was made and pronounced by said Court on the ……………….. day of…… 19…./20…./ and by which decree, it was ordered that the said judgment-debtor should pay Rs………..

 

And whereas the judgment-debtor has been ordered to be kept in the custody of an officer of the Court pending the enquiry under Order XXI, rule 40, sub-rule (2).

 

And whereas the said judgment-debtor has to be given an opportunity of satisfying the decree and for this end this Court is of opinion that the said judgment-debtor may be left in the custody of an officer of Court.

 

You are hereby, commanded and required to take and receive the said judgment-debtor into your custody and keep him in that custody for period of…………… days or until further orders of this Court. You are hereby further informed that he is not to be allowed to go anywhere except in your company. You are further required to produce the said judgment-debtor before this Court at the expiration of the period specified, if the decree be no sooner satisfied.

 

GIVEN under my hand and the seal of the Court this……….. day of ……..19 ,…/20…. .

 

(By Order)

Central Nazir”

 

No. 15

Order for the Release of a Person Imprisoned in Execution of a Decree

(Sections 58, 59)

(Title)

To

The Officer in charge of the Jail at………………………………………

 

Under orders passed this day, you are hereby directed to set free……. judgment-debtor now in your custody,

 

Dated………….

Judge.

 

HIGH COURT AMENDMENTS

 

Andhra Pradesh.-Same as in Madras.

 

Calcutta,-In Appendix E, after Form No. 15, insert the following Form, namely:-

 

“No. 15A
BOND FOR SAFE CUSTODY OF MOVABLE PROPERTY ATTACHED AND LEFT IN CHARGE OF ANY PERSONS AND SURETIES
[Order XXIA, rules 3 (a) and 5]

 

IN THE COURT OF……………………….. AT………………..

 

Civil Suit No………………………… of ……………….

 

A.B. of……;………………………………………………………………………………………………..

 

Against

 

C.D.

of………………………………………………………………………………………………………

Known all men by these persons that we, I, J. of, etc. and K.L. of……………….. etc. and M.N. of………………….etc., are jointly and severally bound to the Judge of the Court of …………….. in Rupees…………….. to be paid to the said Judge, for which payment to be made we bind ourselves and each of us in the whole, our and each of our heirs, executors and administrators, jointly and severally, by these presents.

 

Dated this ……………………. day of ……………… 19…./20…. .

 

And whereas the movable property/livestock specified in the Schedule hereunto annexed has been attached under a warrant from the said Court dated the …………… day of…….. 19 …./20…., in execution of a decree in favour of …………….in Suit No ………….. of…………19 …./20…., on the file of …………………….. and the said property has been left in the charge of the I.J.

Now the condition of this obligation is that if the above bounded I.J. (shall duly account for any loss which the owner of the property) livestock may suffer due to wilful negligence of the bounded and produce when required before the said Court all and every the property/ livestock aforesaid (and shall properly maintain and take due care of the livestock aforesaid) and shall obey any further order of the Court in respect then this obligation shall be void; otherwise it shall remain in full force and be enforceable against the above bounded I.J. in the execution proceedings.

 

I.J.

 

K.L.

 

M.N.

 

Signed and delivered by the above bounden in the presence of… … … “

(w.e.f. 3-11-1933 and 29-5-1941)

 

Gauhati.-Same as in Calcutta.

 

Himachal Pradesh.-Same as in Punjab and Haryana. (w.e.f. 7-8-1959).

 

Karnataka.-Same as in Madras.

 

Kerala.-Same as in Madras, (w.e.f. 9-6-1959)

 

Madras.-In Appendix E, in Form 15,-

 

(i) for the word “Dated” substitute the words “Given under my hand and the seal of the Court, this day of…………”:

 

(ii) after Form No. 15, insert the following Form, namely:-

 

“No. 15A
BOND FOR SAFE CUSTODY OF MOVABLE PROPERTY ATTACHED AND LEFT IN CHARGE OF PERSON INTERESTED AND SURETIES
(Order XXI, rule 43)

 

IN THE COURT OF……………………….. AT………………..

 

Civil Suit No………………………… of …….. 19…./20…. ”

 

A.B.

of……………………………………………………………………………………………………..

 

Against

 

CD.

of………………………………………………………………………………………………………

Know all men by these persons that we I.J. of, etc, and K.L. of, etc. and M.N. of, etc., are jointly and severally bound to the Judge of the Court of in rupees to be paid to the said Judge, for which payment to be made we bind ourselves and each of us, in the whole, our and each of our heirs, executors and administrators, jointly and severally, by these presents.

Dated this ………… day of……………. 19…./20….

 

And whereas the movable property specified in schedule hereunto annexed has been attached under a warrant from the said Court, dated the………. day of ……….. 19…./20…., is execution of a decree in favour of……… in Suit No …… of……. 19…./20…, on the file of ……….. and the said property has been left in the charge of the said I.J.

 

Now the condition of this obligation is that, if the above bounded I.J. shall duly account for and produce when required before the said Court all and every property aforesaid and shall obey any further order of the Court in respect thereof, then this obligation shall be void, otherwise it shall remain in full force.

 

I.J.

 

K.L.

 

M.N.

 

Signed and delivered by the above bounden in the presence of …………….”

[Vide Dis. No. 116 of 1913.]

 

Punjab and Haryana.-In Appendix E, after Form No. 15, insert the following Forms, namely:-

 

“No. 15A
BOND FOR SAFE CUSTODY OF MOVABLE PROPERTY ATTACHED AND LEFT IN CHARGE OF PERSON INTERESTED AND SURETIES
(Order XXI, rule 43)

 

IN THE COURT OF……………………… AT………………..

 

Civil Suit No………………………… of …….. 19…./20….

 

A.B. of ………………………………………………………………………………………………………

 

Against

CD. of ……………………………………………………………………………………………….

Know all men by these presents that we, I.J. of………… etc., ….. …. and K.L. of………….. etc., and M..N……….. etc., are……….. jointly and severally bound to the Judge of the Court of ……… in Rupees ………. to be paid to the said Judge, for which payment to be made, we bind ourselves and each of us; in the whole, our and each of our heirs, executors and administrators, jointly and severally by these present.

 

Dated this ……………… day of ………19…./20…. .

And whereas the movable property specified in the Schedule hereunto annexed has been attached under a warrant from the said Court, dated the ……….. day of ……….. 19…./20…., in the of a decree in favour of …………. in Suit No ………. of ……19…./20…., on the file of… … and the said property has been left in the charge of the said I.J.

 

Now, the condition of this obligation is that, if the above bounden I.J. shall duly accounts for and produce when required before the said Court all and every property aforesaid and shall obey and further order of the Court in respect thereof, th
en this obligation shall be void; otherwise it shall remain in hill force.

 

I.J.

 

K. L.

 

M.N.

 

Signed and delivered by the above bounden in the presence of…………… “:

 

No. 15B
BOND FOR SAFE CUSTODY OF MOVABLE PROPERTY ATTACHED AND LEFT IN CHARGE OF ANY PERSON AND SURETIES
[Order XXI, rule 43(1)(c}]

 

IN THE COURT OF……………………….. AT………………..

 

Civil Suit No…………………….. of …….. 19…/20….

 

A.B.

 

of………………………………………………………………………………………………………

 

Against

 

CD. of ……………………………………………………………………………

 

Know all men by these presents that, we I.J, of …. …. etc., and K.L. of ………. etc., and M.N. of ……….. etc., are jointly and severally bound to the judge of the Court of ……… in Rupees …………….. to be paid to the said judge for which payment to be made, we bind ourselves and each of us, in the whole our and each of our heirs, executors and administrators, jointly and severally, by these presents.

 

Dated this……….. day of …….19…./20….

 

And whereas the movable property specified in the Schedule hereunto annexed has been attached under a warrant from the said Court, dated the …………. day of…………l9…./20…., in execution of a decree in favour of ……….. in Suit No ………….. of ….. 19…./20…., on the file of……… and the said property has been left in the charge of the said I.J.

 

Now the condition of this obligation is that, if the above bounden I.J, shall duly account for and produce when required before the said Court all and every property aforesaid and shall obey any further order of the Court in respect thereof, then this obligation shall be void; otherwise it shall remain in full force and be enforceable against the above bounden I.J. in accordance with the procedure laid down in section 145, Civil Procedure Code, as if the aforesaid I.J. were a surety for the restoration of property taken in execution of a decree.

 

I..J.

 

K.L.

 

M.N.

 

Signed and delivered by the above bounden in the presence of……”

 

Rajasthan.-Same as in Punjab.

 

[Vide No. 8/S. R. C. Jodhpur, dated 23rd December, 1964.]

No. 16

 

Attachment in Execution Prohibitory Order, where the Property to be Attached Consists of Movable Property to which the Defendant is Entitled Subject to a lien or Right of some other Person to the Immediate Possession thereof

 

(O.21, R. 46)

(Title)

 

To

Whereas ………….. has failed to satisfy a decree passed against……. on the……… day of……. 19 ….. in Suit No………… of 19 …… in favour of……. for Rs………..; It is ordered that the defendant be, and is hereby, prohibited and restrained until the further order of this Court, from receiving from ……. the following property in the possession of the said, ……. that is to say,……. to which the defendant is entitled, subject to any claim of the said…….. and the said ……. is hereby prohibited and restrained, until the further order of this Court, from delivering the said property to any
person or persons whomsoever.

 

Given under my hand and the seal of the Court, this ……… day of……. 19 ….,

 

Judge.

 

1[No. 16A

Affidavit of Assets to be made by a Judgment-debtor

Order XXI, Rule 41(2)]

 

In the Court of A.B……… …………………………. Decree-holder.

vs.

 

C…….. ………………………….. Judgment-debtor.

I………………….. of …………………..

 

State on = oath / solemn affirmation as follows:-

 

1. My full name is ……………………………………….. (Block Capitals)

 

2. I live at

 

*3.1 am married/single/widower (widow)/divorced

 

4. The following persons are dependant upon me:-

 

5. My employment, trade or profession is that of carried on by me at I am a director of the following companies:-

 

6. My present annual/monthly/weekly income, after paying income-tax, is as follows:-

 

(a) From my employment, trade or profession Rs………….

 

(b) From other sources Rs…………

 

*7. (a) I own the house in which I live; its value is Rs.

 

I pay as outgoings by way of rates, mortgage, interest, etc., the annual sum of Rs.

 

(b) I pay as rent the annual sum of Rs……..

 

8.I possess the following:-

 

(a) Banking accounts;

(b) Stocks and shares;

(c) Life and endowment

(d) House property;

(e) Other property;

(f) Other securities;

Give particulars.

 

9. The following debts are due to me:-

(give particulars)

(a) Form ……. of ………………………

 

Rs.

(b) From …….of ………………………

 

Rs……. .(etc.)

Sworn before me, etc.]

 

1. Ins. by Act 104 of 1976 (w.e.f. 1.2.1977).

Strike off the words which are not applicable.

 

 

No. 17

Attachment in Execution Prohibitory Order, where the Property Consists of Debts Not Secured by Negotiable Instruments

(O. 21.R.46)

(Title)

 

To

Whereas…….has failed to satisfy a decree passed against ……… on the …….. . day of……… 19…, in Suit No. ……… of 19…….. in favour of until the further order of this Court, from receiving from you a certain debt alleged now to be due from you to the said defendant, namely,……… and that you, the said……… be, and you are hereby, prohibited and restrained, until the further order of this Court, from making payment of the said debt, or any part thereof, to any person whomsoever or otherwise than into this Court.

Given under my hand and the seal of the Court, this ……… day of 19 …

Judge.

 

No. 18

Attachment in Execution Prohibitory Order, where the Property Consists of Shares in the Capital of a Corporation

(O. 21.R.46)

(Title)

 

To

Defendant and to………. Secretary of Corporation

 

Whereas … had failed to satisfy a decree passed against… on the … day of… 19 …, in Suit No. ……… of 19 …… in favour of. . ., for Rs. ….; It is ordered that you, the defendant, be, and you are hereby, prohibited and restrained, until the further order of the Court, from making any transfer of…. shares in the aforesaid corporation, namely,…. or from receiving payment of any dividends thereon; and you,.. . , the Secretary of the said Corporation, are hereby prohibited and restrained from permitting any such transfer or making any such payment.

 

Given under my hand and the seal of the Court, this ….. day of …….. 19…..

Judge.

 

No. 19

Order to Attach Salary of Public Officer or Servant of Railway Company or Local Authority

(O. 21.R.48)

(Title) To

 

Whereas………, judgment-debtor in the above-named case, is a (describe officer of judgment-debtor) receiving his salary (or allowances) at your hands; and whereas ………. decree-holder in the said case, has applied in this Court for the attachment of the salary (or allowances) of the said …….. to the extent of …….. due to him under the decree; You are hereby required to withhold the said sum of. ……… from the salary of the said ……… in monthly instalments of …….. and to remit the said sum (or monthly instalments) to this Court.

 

Given under my hand and the seal of the Court; this ……… day of….. 19…

 

Judge.

 

No. 20

Order of Attachment of Negotiable Instrument

(O. 21, R.51)

(Title)

 

To

The Bailiff of the Court. Whereas an order has been passed by this Court on the ….. day of……… 19 …, for the attachment of …; You are hereby directed to seize the said……… and bring the same into Court.

 

Given under my hand and the seal of the Court, this ……… day of……… 19…

 

Judge.

 

HIGH COURT AMENDMENT

 

Kerala.-In Appendix E, in Form No. 20, for the word “Bailiff”, substitute the word “Amin”. (w.e.f. 9-6-1959)

 

No. 21

Prohibitory Order, where the Property Consists of Money or of any Security in the Custody of a Court of Justice or Public Officer

(O. 21, R. 52).

(Title)

 

To

Sir,

The plaintiff having applied, under Rule 52 of Order XXI of the Code of Civil Procedure, 1908, for an attachment of certain money now in your hands (here state how the money is supposed to be in the hands of the person addressed, on what account, etc.), I request thai you will hold the said money subject to the further order of this Court.

 

I have the honour to be,

Sir

Your most obedient Servant.

 

Judge.

 

Dated the ……… day of……… 19…

 

No. 22

Notice of Attachment of a Decree to the Court which Passed it

(O. 21, R. 52.)

(Title)

 

To

The Judge of the Court of

] Sir,

I have the honour to inform you that the decree obtained in your Court on the ……..day of……… 19… by ……… in Suit No. ……… of 19…, in which he was .. …… and ……… was . .. has been attached by this Court on the application of…….., the ……… in the suit specified above. You are therefore requested to stay the execution of the decree of your Court until you receive an intimation from this Court that the present notice has been cancelled or until execution of the said decree is applied for by the holder o the decree now sought to be executed or by his judgment-debtor.

I have the honour, etc.

Judge

 

Dated the ……… day of… 19…

 

No. 23

Notice of Attachment of a Decree to the Holder of the Decree

(O. 21, R. 53)

(Title)

 

To

Whereas an application has been made in this Court by the decree-holder in the above suit for the attachment of a decree obtained by you on the ……… day of…….. 19…, in the Court of……… in Suit No. … …. of 19 …. in which ……… was………and……… was ……… It is ordered that you, the said ……. be, and you are hereby, prohibited and restrained, until the further order of this Court, from transferring or charging the same in any way.

 

Given under my hand and the seal of the Court, this……… day of……… 19…

 

Judge.

 

No. 24

Attachment in Execution Prohibitory Order, Where the Property Consists of Immovable Property

(O. 21, R. 54)

(Title)

 

To

………………………………….. Defendant

Whereas you have failed to satisfy a decree passed against you on the ……… day of. …….. 19….., in Suit No……. of 19…, in favour of……….for Rs.,…..; It is ordered that you, the said………. be, and you are hereby, prohibited and restrained, until the further order of the Court, from transferring or charging the property specified in the schedule hereunto annexed, by sale, gift or otherwise, and that all person be, and that they are hereby, prohibited from receiving the same by purchase, gift or otherwise.

 

1 [fit is also ordered that you should attend Court on the ……… day of……… 19.. to take notice of the date fixed for setting the terms of the proclamation of sale.]

 

Given under my hand and the seal of the Court, this……… day of……. 19……

Schedule

 

Judge.

 

1. Ins. by Act No. 104 of 1976 (w.e.f. 1.2.1977).

 

No. 25

Order for Payment to the Plaintiff, etc., of Money, etc., in the Hands of a Third Party

(O. 21, R. 56)

(Title)

 

To

Whereas the following property ……… has been attached in execution of a decree in Suit No………. of……… 19 …, passed on the ……… day of……… 19…in favour of ……… for Rs. ………. It is ordered that the property so attached, consisting of Rs. ……… in money and Rs. ……… in currency-notes, or a sufficient part thereof to satisfy the said decree, shall be paid over by you, the said ……… to

 

Given under my hand and the seal of the Court, this …. day of…. 19 …

 

Judge.

 

No. 26

Notice to Attaching Creditor

(O.21.R.58)

(Title)

 

To

Whereas ……… has made application to this Court for the removal of attachment on ……..placed at your instance in execution of the decree in Suit No………. of……… 19…, this is to give you notice to appear before this Court on ………. the ………day of……… 19…. either in person or by a pleader of the Court duly instructed to support your claim, as attaching creditor.

 

Given under my hand and the seal of the Court, this ……… day of……… 19…

Judge.

 

No. 27

Warrant of Sale of Property in Execution of a Decree for Money

(O. 21, R. 66)

(Title)

 

To

The Bailiff of the Court.

These are to command you to sell by auction, after giving……… days’ previous notice, by affixing the same in this Court-house, and after making due proclamation, the …….. .. property attached under a warrant from this Court, dated the …….. day of. . . 19…,in execution of a decree in favour of ……… in Suit No. ……… of 19 …, or so much of the said property as shall realize the sum of Rs. …… being the ….. of the said decree and costs still remaining unsatisfied.

 

You are further commanded to return this warrant on or before the ……… day of….19…, with an endorsement certifying the manner in which it has been executed, or the reason why it has not been executed.

 

Given under my hand and the seal of the Court, this ……… day of……… 19 …

 

Judge.

 

HIGH COURT AMENDMENTS

 

Kerala.-In Appendix E, in Form 27, for the word “Bailiff, substitute the word “Amin”. (w.e.f. 9-6-1959)

 

Madras.-In Appendix E, re-number Form No. 27 as Form No. 28 and insert the following Form, namely:-

 

“No. 27
NOTICE OF SALE
(O. XXI, r. 64)
(Title)

 

To………………………………………………………………………………………… Judgment-debtor.

 

WHEREAS in the above-named suit…………….. the decree-holder has applied for the sale of ……………. you are hereby informed that the …………. day of ………… 19…./20…., has been fixed for settling the terms of proclamation of sale.

 

Given under my hand and the seal of the Court this ………………. day of ……… 19…./20….

Judge.”

 

No. 28

Notice of the Day Fixed for Setting a Sale Proclamation

(O. 21, R. 66)

(Title)

 

To

Judgment-debtor.

 

Whereas in the above-named suit………. the decree-holder, has applied for the sale of………; you are hereby informed ……… that the ……… day of…….. 19 …., has been affixed for setting the terms of the proclamation of sale.

 

Given under my hand and the seal of the Court, this ……… day of……… 19….

 

Judge.

 

HIGH COURT AMENDMENT

 

Madras.-In Appendix E, renumber Form No. 28, as Form No. 28A.

 

No. 29

Proclamation of Sale

(O.21.R.66)

(Title)

 

(1) Suit No….. of 19…, decided by the ………of……… in which was plaintiff and was defendant-Notice is hereby given that, under rule 64 of Order XXI of the Code of Civil Procedure, 1908, an order has been passed by this Court for the sale of the attached property mentioned in the annexed schedule, in satisfaction of the claim of the decree-holder in the suit (1) mentioned in the margin, amounting with costs and interest up to date of sale lo the sum of….

 

The sale will be by public auction, and the property will be put up for sale in the lots specified in the schedule. The sale will be of the property of the judgment-debtors above-named as mentioned in the schedule below; and the liabilities and claims attaching to the said property, so far as they have been ascertained, are those specified in the schedule against each lot.

 

In the absence of any order of postponement, the sale will be held by ……… at the monthly sale commencing at……… o’clock on the ……… at……… In the event, however, of the debt above specified and of the costs of the sale being tendered or paid before the knocking down of any lot, the sale will be stopped.

 

At the sale the public generally are invited to bid, either personally or by duly authorized agent. No bid by, or on behalf of, the judgment-creditors above-mentioned, however, will be accepted, nor will any sale to them be valid without the express permission of the Court previously given. The following are further:

Conditions of sale

 

1. The particulars specified in the schedule below have been stated to the best of the information of the Court, but the Court will not be answerable for any error, mis-statement or omission in this proclamation.

 

2. The amount by which the biddings are to be increased shall be determined by the officer conducting the sale. In the event of any dispute arising as to the amount bid, or as to the bidder, the lot shall at once be again put up to auction.

 

3. The highest bidder shall be declared to be the purchaser of any lot, provided always that he is legally qualified to bid, and provided that it shall be in the discretion of the Court or officer holding the sale to decline acceptance of the highest bid when the price offered appears so clearly inadequate as to make it advisable to do so.

 

4. For reasons recorded, it shall be in the discretion of the officer conducting the sale to adjourn it subject always to the provisions of rule 69 of Order XXI.

 

5. In the case of movable property, the price of each lot shall be paid at the time of sale or as soon after as the officer holding the sale directs, and in default of payment the property shall forthwith be again put up and re-sold.

6. In the case of immovable property, the person declared to be the purchaser shall pay immediately after such declaration a deposit of 25 per cent, on the amount of his purchaser-money to the officer conducting the sale, and in default of such deposit the property and forthwith be put up again and re-sold.

 

7. The full amount of the purchase-money shall be paid by the purchaser before the Court closes on the fifteenth day after the sale of the property, exclusive of such day, or if the fifteenth day be a Sunday or other holiday, then on the first office day after the fifteenth day.

 

8. In default of payment of the balance of purchase-money within the period allowed, the property shall be re-sold after the issue of a fresh notification of sale. The deposit, after
defraying the expenses of the sale, may, if the Court thinks fit, be forfeited to Government and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may be subsequently sold.

 

Given under my hand and the seal of the Court, this……… day of…….. 19….

 

Judge.

 

Schedule of Property

 

 

1. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).

 

HIGH COURT AMENDMENTS

 

Allahabad.-In Appendix E, in Form 29, in the paragraph above the sub-heading “Conditions of sale” omit the words “No bid by, or on behalf of, the judgment-creditors above-mentioned, however, will be accepted, nor will sale to them be valid without the express permission of the Court previously given”, {w.e.f. 29-1-1927).

 

Andhra Pracfesh.-Same as in Madras.

 

Kerala.-Same as in Madras, (w.e.f. 9-6-1959)

 

Madras.-In Appendix E, in Form No. 29, at the end, insert the following Note, namely:-

 

“Note.-

The title-deeds relating to the property have not been filed in Court, and the purchaser will take the property subject to the risk of there being mortgages by deposit of title-deeds, or mortgages not disclosed in the encumbrance certificate.”

 

No. 30

Order on the Nazir for Causing Service of Proclamation of Sale

(O. 21, R. 66)

(Title)

To

The Nazir of the Court.

Whereas an order has been made for the sale of the property of the judgment-debtor specified in the schedule hereunder annexed, and whereas the …. day of….. 19…, has been fixed for the sale of the said property,…. copies of the proclamation of sale are by this warrant made over to you, and you are hereby ordered to have the proclamation published by beat of drum within each of the properties specified in the said schedule, to affix a copy of the said proclamation on a conspicuous part of each of the said properties and afterwards on the Court-house, and then to submit to this Court a report showing the dates on which and the manner in which the proclamations have been published. Dated the…… day of…… . 19…

Schedule

 

Judge.

 

No. 31

Certificate by Officer Holding a Sale of the Deficiency of Price on a Re-sale of Property by Reason of the Purchaser’s Default

(O. 21, R. 71)

(Title)

 

Certified that at the re-sale of the property in execution of the decree in the above-named suit, in consequence of default on the part of……….. purchase, there was a deficiency in the price of the said property amounting to Rs…., and that the expenses attending such re-sale amounted to Rs. ……. making a total of Rs….., which sum is recoverable from the defaulter.

 

Dated the ……… day of ……… 19…

Officer holding the sale

 

No. 32

Notice to Person in Possession of Movable Property Sold in Execution

(O. 21, R. 79)

(Title)

 

To

Whereas ……… has become the purchaser at a public sale in execution of the decree in the above suit of……… now in your posses
sion, you are hereby prohibited from delivering possession of the said……… to any person except the said………

 

Given under my hand and the seal of the Court, this …. day of . . ….. 19 …,

 

Judge.

 

No. 33

Prohibitory Order against Payment of Debts Sold in Execution to any Other than the Purchaser

(O. 21, R. 79)

(Title)

 

To…….and to ………

Whereas …… has become the purchaser at a public sale in execution of the decree in the above suit of… being debts due from you …. to you …..; It is ordered that you ……. be, and you are hereby, prohibited from receiving, and you .. …. from making payment of, the said debt to any person of or person except the said…..

 

Given under my hand and the seal of the Court, this .. ……. day of……… 19

Judge.

 

No. 34

Prohibitory Order against the Transfer of Share Sold in Execution

(O.21.R.79)

(Title)

 

To

……… and……………. Secretary of ……………………… Corporation.

 

Whereas ……… has become the purchaser at a public sale in execution of the decree, in the above suit, of certain shares in the above Corporation, that is to say, of……… standing in the name of you ………; It is ordered that you ……… be, and you are hereby, prohibited from making any transfer of the said shares to any person except the said ………. the purchaser aforesaid, or from receiving any dividends thereon; and you ….. . . . .

 

Secretary of the said Corporation, from permitting any such transfer or making any such payment to any person except the said ………. the purchaser aforesaid.

 

Given under my hand and the seal of the Court, this ……… day of…….. 19 ….

 

Judge.

 

No. 35

Certificate to Judgment-debtor Authorising him to Mortgage Lease or Sell Property

(O. 21, R. 83)

(Title)

 

Whereas in execution of the decree passed in the above suit an order was made on the .. ……. day of……… 19…, for the sale of the under-mentioned property of the judgment-debtor ………. and whereas the Court has, on the application of the said judgment-debtor, postponed the said sale to enable him to raise the amount of the decree by mortgage, lease or private sale of the said property or of some part thereof:

 

This is to certify that the Court doth hereby authorize the said judgment-debtor to make the proposed mortgage, lease or sale within a period of……… from the date of this certificate; provided that all monies payable under such mortgage, lease or sale be paid into this Court and not to the said judgment-debtor.

 

Description of property Given under my hand and the seal of the Court, this ……… day of……… 19….

 

Description of property

 

Judge.

 

No. 36

Notice to Show Cause Why Sale should not be Set Aside

(O. 21, R. 90, 92)

(Title)

To

Whereas the under-mentioned property was sold on the …… day of……… 19 ….in execution of the decree passed in the above named suit, and whereas.
……… the decree-holder [or judgement-debtor], has applied to this Court to set aside the sale of the said property on the ground of a material irregularity [or fraud] in publishing [or conducting] the sale, namely, that ………

 

Take notice that if you have any cause to show why the said application should not be granted, you should appear with your proofs in this Court on the……… day of……..19 …, when the said application will be heard and determined.

 

Given under my hand and the seal of the Court, this ……… day of……… 19 …

Description of property

Judge.

 

No. 37

Notice to Show Cause Why Sale should not be Set Aside

(O. 21, R. 91, 92)

(Title)

 

To

Whereas………. the purchaser of the under-mentioned property sold on …….. the day of……… 19…, in execution of the decree passed in the above-named suit, has applied to this Court to set aside the sale of the said property on the ground that………. the judgment-debtor, had no saleable interest therein.

 

Take notice that if you have any cause, to show why the said application should not be granted, you should appear with your proofs in this Court on the ……… day of……… 19 …., when the said application will be heard and determiend.

 

Given under my hand and the seal of the Court, this ……… day of……… 19 …

Description of property

Judge.

 

No. 38

Certificate of Sale of Land

(O.21.R.94)

(Title)

 

This is to certify that ….. has been declared the purchaser at a sale by public auction on the …… day of….. 19…, of…. in execution of decree in this suit, and that the said sale has been duly confirmed by this Court.

 

Given under my hand and the seal of the Court, this ……… day of……… 19….

Judge.

 

HIGH COURT AMENDMENTS

 

Allahabad.-In Appendix E, in Form No. 38, in the heading, for the word “LAND” substitute the words “IMMOVABLE PROPERTY”.

 

Bombay.-In Appendix E, for Form No. 38, substitute the following Form, namely :-

“No. 38
CERTIFICATE OF SALE OF LAND
(O. XXI, r. 94)
(Title)

 

This is to certify that ……………. has been declared the purchaser for Rs…………….. at a sale by public auction on the ……… day of ………. 19…./20…., of ……….. in execution of decree in this suit, and that the said sale has been duly confirmed by this Court.

 

Given under my hand and the seal of the Court, this………. day of……… 19…./20…. . Judge”.

 

[Vide PO/102/77, dated 15th September, 1983 (w.e.f. 1-10-1983).]

 

Kerala.-In Appendix E, in Form No. 38, at the end, insert the following:-

 

“SCHEDULE

 

(w.e.f. 9-64959)

 

Madhya Pradesh.-In Appendix E, in Form No. 38, between the words “the purchaser” and “at a sale”, insert the words “For Rs. ……………”.

 

Orissa.-Same as in Patna.

 

Patna.-In Appendix E, for Form No.
38, substitute the following Form, namely :-

 

“No. 38
CERTIFICATE OF SALE OF LAND
(O. XXI, r. 94)

 

District……………………………………………………………………..

In the Court of………………….. at ………………………………Execution of case No. ………………. of ………… 19…./20…. .

…………………………………………………………………. Decree-holder

Versus

…………………………………………………………………. Judgment debtor

This is to certify that…………… son of …………… by caste …………… by occupation …… resident of Thana ………………… District…………………….. has been declared the purchaser at a sale by public auction on the ……………………. day of ……………… 19…./20…….., of the property specified below in execution of the decree in Suit No. ………….. of this Court and that the said sale has been duly confirmed this Court.

Given under my hand and the seal of the Court, this ………………. day of …………… 19…./20…..

Specification and price of properties

 

Judge”.

 

No. 39

Order for Delivery to Certified Purchaser of Land at a Sale in Execution

(O.21.R.95)

(Title)

 

To

The Bailiff of the Court,

Whereas ……………… has become the certified purchaser……. of……. at a sale in execution of decree in Suit No. ……… of……… 19…; You are hereby ordered to put the said………. the certified purchaser, as aforesaid, in possession of the same.

 

Given under my hand and the seal of the Court, this ……… day of……… 19…

 

Judge.

 

HIGH COURT AMENDMENTS

 

Andhra Pradesh.-Same as in Madras.

 

Kerala-In Appendix E, in Form No. 39, for the word “Bailiff”, substitute the word “Amin”. (w.e.f. 9-6-1959)

 

Madras.-In Appendix E, in Form No. 39, substitute the following Form, namely:-

 

“No. 39
ORDER FOR DELIVERY TO CERTIFIED PURCHASER OF LAND AT A SALE IN EXECUTION

(O. XXI, r. 95)
(Title)

 

To

The Bailiff of the Court.

Whereas ………….. has become the certified purchaser of …………… at a sale in execution of decree in Suit No. …………… of …………. 19,…/20..,., you are hereby ordered to put the …………… said ………. the certified purchaser as aforesaid, in possession of the same; and you are hereby further required to state in your return whether there are crops on the land and whether you have delivered them to ……………… the certified purchaser.

 

Given under my hand and the seal of the Court this …………… day of …………… 19….720….

Judge”.

 

No. 40

Summons to Appear and Answer Charge of Obstructing Execution of Decree

(O. 21, R. 97)

(Title)

 

To

Whereas……. the decree-holder in the above suit, has complained to this Court that you have resisted (or obstructed) the officer charged with the execut
ion of the warrant for possession: You are hereby summoned to appear in this Court on the . …. day of… … 19…..,at…. a.m., to answer the said complaint.

 

Given under my hand and the seal of the Court, this . . . day of ……… 19. ..

 

Judge.

 

No. 41

Warrant of Committal

(O. 21, R. 98)

(Title)

 

To

The Officer-in-Charge of the Jail at…………………………………..

 

Whereas the under-mentioned property has been decreed to ………. the plaintiff in this suit, and whereas the Court is satisfied that……… without any just cause resisted [or obstructed] and is still resisting [or obstructing] the said ……… in obtaining possession of the property, and whereas the said ………… has made application to this Court that he said ……… be committed to the civil prison;

 

You are hereby commanded and required to take and receive the said ……… into the civil prison and to keep him imprisoned therein for the period of……… days.

 

Given under my hand and the seal of the Court, this ….. day of …… 19 …

 

Judge.

 

No. 42

Authority of the Collector to Stay Public Sale of Land

(Section 72)

(Title)

 

To

Collector of……………………………….

Sir,

 

In answer to your communication No. ……… dated ……… representing that the sale in execution of the decree in this suit of……………… land situate within your district is objectionable, I have the honour to inform you that you are authorised to make provision for the satisfaction of the said decree in the manner recommended by you.

 

I have the honour to be,

Sir,

Your obedient servant

Judge.

 

HIGH COURT AMENDMENTS

 

Allahabad.-In Appendix E, after Form No. 42, insert the following Form, namely:-

 

“No. 43

 

The security to be furnished under section 55 (4) shall be, as nearly as may be, by a bond in the following form:

 

In the Court of………….. at ………………. Suit No ……….. of …………… 19…./20….

A.B. of…………………………………………………………………………………………..

 

Plaintiff

 

against

 

C. D. of ……………………………………………………………………………………..

 

Defendant.

 

Whereas in execution of the decree in the suit aforesaid the said C. D. has been arrested, under a warrant and brought before the Court of ……. and whereas the said C. D. has applied for his discharge on the ground that he undertakes within one month to apply under section 5 of Act No. III of 1907, to be declared an insolvent and the said Court has ordered that the said C. D. shall be released from custody if the said C. D. furnished good and sufficient security in the sum of Rs …………… that he will appear when called upon and that he will, within one month from this date apply under section 5 of Act III of 1907 to be declared an insolvent.

 

Therefore, 1. E. F. inhabitant of …………have volunta
rily become security, and do hereby bind myself, my heirs, and executors to………………as Judge of the said Court and his successors-in office that the said C D. will appear at any time when called upon by the said Court, and will apply in the manner and within the time here-in-before set forth, and in default of such appearance or of such application, I bind myself, may heirs and executors, to pay to the said Court on its order, the sum of Rs ……………..

Witness my hand at this …………………. day of ………………… 19…./20…. . -^r^Q ^n’t

 

Witnesses:

 

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