Modes of execution of decree-/
Mode of payment
of money Mode of payment of money in
execution
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O 21 Rule 1 deals with the
provision of modes of paying money under decree by deposit into court whose
duty it is to execute the decree , or send to that court by postal
money, or through a bank, or outside the court to the
decree-holder by postal money order or through a bank , or by any
other mode wherein the payment is evidenced in writing.
by any other mode as per
direction of the court. The Court shall certify it
on receiving information from the decree-holder, or on application of
the judgment-creditor.
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Modes of execution of
decree-
The Section 51 of code deals
with the provisions relating of powers of the executing court. The court may on the
application of decree holder, order execution of the decree , by delivery of any property
specifically decreed by arrest and detention by attachment and sale or by
sale by without attachment arrest and detention in prison, by appointing a receiver in
such other manner as the nature of the relief In case of failure of judgment
debtor to satisfied the decree ,there is provision of enforcement of
decree against legal representatives. Where
the decree is for the partition of immovable property,assessed
revenue to the government or for separate possession a share. The
decree be sent to the collector as per section 54.
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@31. By delivery of property
In case of movable property,
the court can seize the property and hand over it to the
decree-holder in possession of the suit property.
In case of immovable
property, the possession shall be given to the
decree-holder. In case of decree for joint possession, by affixing
the copy on the conspicuous part and by proclamation as per direction
of court. If th property is in possession of the tenant, the court
shall order delivery of property by attachment of warrant and by
proclamation by beating of drum or any other customary mode.
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2. By arrest and detention of
judgment-debtor
The court can pass order of
arrest and detention of the judgment-debtor. Such arrest and
detention shall not be made unless the opportunity of showing cause
is not given to the judgment-debtor. In case of money decree, the
period of detention of the judgment-debtor is- for amount exceeding
Rs.5000/- rupees -upto three months, for amount exceeding Rs.
2000/- and not exceeding Rs.5,000/-- up to six weeks.The judgment-debtor shall not
be arrested if amount is less than Rs.2000/- and even a woman shall
not be arrested under this provision. Such
detention shall be in the civil prison. The judgment-debtor shall pay
subsistence allowance as per class of the judgment-debtor.
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The court
may release the judgment-debtor,
(i) on satisfaction of decree, or
(ii) on ground of illness, or
(iii) if the decree-holder consents for
release, or
(iv) on failure of payment of subsistence allowance by
the decree-holder. Such arrest and detention shall not amount to
discharge of the judgment-debtor.
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3. By attachment and sale, or
sale without attachment-
The decree can be executed by
attachment and sale of the property. The property may be movable or
immovable. The section 60 provide the properties which can be
attached eg, goods, land, house, bank-notes, etc. The proviso of the said
section provides the property which can not be attached, e..g. the
necessary wearing-apparel, books of account, tools of artisans, etc.
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The court may examine the
judgment-debtor, or any other person for the purpose of ascertaining
the property that can be attached. Even court can direct them to file
affidavit. On failure of the party to give information the court may
direct them to keep in civil prison. The attachment of movable
property shall be made by actual seizure and the attaching officer
shall keep it in his possession. In case of immovable the attachment
shall be made by an order prohibiting the judgment-debtor from
transferring or charging the property in any way.
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The sale of the movable or
immovable property can be made by public auction. In case of the
movable property, on receipt of amount of sale of the goods, the
officer shall issue receipt and hand over possession of the goods to
the purchaser. In case of immovable
property, the court may allow the judgment -debtor to raise money by
mortgage, lease or private sale. But if he fails to do so, the court
by auction sale can sale the property. The purchaser shall deposit
immediately 25 percent of amount and shall pay balance amount within
14 days. On failure to do so, the property is liable to be resold.
The court shall issue certificate of the same. The court shall take
the amount from the sale proceeds and satisfy the decree and shall
pay balance to the judgment-debtor.
4. The
court may appoint the receiver of the property, such receiver shall
take care of the property as per directions of the court.
5. The decree can be executed
by any other mode. The court shall execute decree even as per
directions given in the decree. But the court shall not go behind the
decree.
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Stay of the execution
proceeding
In
order to enable judgment-debtor to obtain the stay of execution by
the court which passed decree or by the appellate court, the court
can give opportunity to the judgment-debtor. The court shall stay the
execution proceedings if the appellate court pass stay order.
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Execution of decree of
specific performance of court, or restitution of conjugal rights or
injunction As
per Order 21 Rule 32 (1), whether the party against whom a decree for
the specific performance of a contract, or for restitution of
conjugal rights, or for an injunction, has been passed, has had an
opportunity of obeying the decree and has willfully failed to obey
it, the decree may be enforced in the case of a decree for
restitution of conjugal rights by the attachment of his property, or
in case of a decree for specific performance of contract, or for an
injunction by his detention in the civil prison, or by attachment of
his property, or both.
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