Order 21 CPC - Code of Civil Procedure - EXECUTION OF DECREES AND OrderS

 Order 21 CPC Description



Payment under decree


1[1. Modes of paying money under decree


(1) All money, payable under a decree shall be paid as follows, namely :-


(a) by deposit into the Court whose duty it is to execute the decree, or sent to that Court by postal money Order or through a bank; or


(b) out of Court, to the decree-holder by postal money Order or through a bank or by any other mode wherein payment is evidenced in writing; or


(c) otherwise, as the Court which made the decree, directs.


(2) Where any payment is made under clause (a) or clause (c) of sub rule (1), the judgment-debtor shall give notice thereof to the decree-holder either through the Court or directly to him by registered post, acknowledgement due.


(3) Where money is paid by postal money Order or through a bank under clause (a) or clause (b) of sub-rule (1), the money Order or payment through bank, as the case may be, shall accurately state the following particulars, namely : -


(a) the number of the original suit;


(b) the names of the parties or where there are more than two plaintiffs or more than two defendants, as the case may be, the names of the first two plaintiffs and the first two defendants;


(c) how the money remitted is to be adjusted, that is to say, whether it is towards the principal, interest or costs;


(d) the number of the execution case of the Court, where such case is pending; and


(e) the name and address of the payer.


(4) On any amount paid under clause (a) or clause (c) of sub-rule (1) interest, if any, shall cease to run from the date of service of the notice referred to in sub-rule (2).


(5) On any amount paid under clause (b) of sub-rule (1) interest, if any, shall cease to run from the date of such payment :


Provided that, where the decree-holder refuses to accept the postal Order or payment through a bank, interest shall cease to run from the date on which the money was tendered to him, or where he avoids acceptance of the postal money Order or payment through bank, interest shall cease to run from the date on which money would have been tendered to him in the ordinary course of business of the postal authorities or the bank, as the case may be.]


HIGH COURT AMENDMENT


Orissa.-


In Order XXI, in rule 1, after the word "decree" wherever it occurs, insert the words "or Order". (w.e.f. 14-5-1984).


1. Subs, by Act No. 104 of 1976, sec. 72, for rule 1 (w.e.f. 1-2-1977).


2. Payment out of Court to decree-holder


(1) Where any money payable under a decree of any kind is'paid out of Court 1[or decree of any kind is otherwise adjusted] in whole or in part to the satisfaction of the decree-holder, the decree-holder 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 judgment-debtor 1[or any person who has become surety for the judgment-debtor] also may inform the Court of such payment or adjustment, and apply to the Court to issue a notice to the decree-holder 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 decree-holder fails to show cause why the payment or adjustment should not be recorded as certified, the Court record the same accordingly.


2[(2A) No payment or adjustment shall be recorded at the instance of the Hidgment-debtor unless-


(a) the payment is made in the manner provided in rule 1; or


(b) the payment or adjustment is proved by documentary evidence; or


(c) the payment or adjustment is admitted by, or on behalf of, the decree-holder in his reply to the notice given under sub-rule (2) of rule 1, on before the Court.]


3(3) A payment or adjustment, which has not been certified or recorded as aforesaid, shall not be recognized by any Court executing the decree.


1. Subs, by Act No. 104 of 1976, s. 72, for certain words (w.e.f. 1-2-1977).


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


3. In the application of the Act, to Punjab, sub-rule (3) has been repealed by the Punjab Relief of Indebtedness Act, 1934 (Pun. 7 of 1934), sec. 36


STATE AMENDMENT


Punjab, Haryana and Chandigarh.-


In Order XXI, in rule (2), omit sub-rule (3).


[Vide Punjab Relief Indebtedness Act, 1934 (Punjab Act VII of 1934, sec. 36 (w.e.f. 19-4-1935) read with Punjab Act XLIV of 1960, sec. 3 (w.e.f. 30-12-1960); see also Act 31 of 1966, secs. 29 and 32 (w.e.f. 1-11-1966).]


HIGH COURT AMENDMENTS


Andhra Pradesh.-


Same as in Madras.


Bombay.-


In Order XXI, in rule 2, in sub-rule (2), after the words "inform the Court", insert the words "by an application in writing supported by an affidavit", (w.e.f. 1-10-1983)


Delhi.-


Same as in Punjab.


Himachal Pradesh.-


Same as in Punjab.


Madras.-


In Order XXI, in rule 2, for sub-rule (2), substitute the following sub-rule, namely:-


"(2) Any person to the suit or his legal representatives or any person who has become surety for the decree-debt also may inform the Court to such payment or adjustment and apply to the Court to issue notice to the decree-holder 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 decree-holder fails to show cause why the payment or adjustment should not be recorded as certified, the Court shall record the same accordingly."


Orissa.-


Same as in Patna (i).


Patna.-


(i) In Order XXI, in rule 2, in sub-rule (2), for the words "and if, after service of such notice", substitute the words "and where certification has been made by an endorsement of such payment or adjustment by the decree-holder or by any person authorised by him in that behalf upon the process issued by the Court, the Court shall issue such notice of its own motion. If after service of the notice".


(ii) Omit sub-rule (3). (w.e.f. 5-4-1961)


Courts executing decrees


3. Lands situate in more than one jurisdiction


Where immovable property forms one estate or tenure situate within the local limits of jurisdiction of two or more Court, any one of such Courts may attach and sell the entire estate or tenure.


4. Transfer to Court of Small Causes


Where a decree has been passed in a suit of which the value as set forth in the plaint did not exceed two thousand rupees and which, as regards its subject-matter, is not excepted by the law for the time being in force from the cognizance of either a Presidency or a Provincial Court of Small Causes, and the Court which passed it wishes it to be executed in Calcutta, Madras or Bombay, such Court may send to the Court of Small Causes in Calcutta, Madras or Bombay, as the case may be, the copies and certificates mentioned in rule 6; and such Court of Small Causes shall thereupon execute the decree as if it had been passed by itself.


HIGH COURT AMENDMENT


Bombay.-


In Order XXI,-


(i) renumber rule 4 as sub-rule (1) threof;


(ii) in sub-rule (1) as so renumbered, omit the words "or Bombay" wherever they occur;


(iii) after sub-rule (1) as so renumbered, insert the following sub-rule, namely:-


"(2) A decree in a suit of the nature described in sub-rule (1) but in which the value as set forth in the plaint did not exceed rupees ten thousand may be sent for execution to and be executed by the Presidency Court of Small Causes at Bombay in the manner prescribed in sub-rule (1)." (w.e.f. 1-10-1983)


Gujarat.-


Same as in Bombay.


1[5. Mode of transfer


Where a decree is to be sent for execution to another Court, the Court which passed such decree shall send the decree directly to such other Court whether or not such Court is situated in the same State, but the Court to which the decree is sent for execution shall, if it has no jurisdiction to execute the decree, send it to the Court having such jurisdiction.]


1. Subs. by Act No. 104 of 1976, for rule 5 (w.e.f. 1-2-1977).


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.


HIGH COURT AMENDMENTS


Allahabad.-


In Order XXI -


(i) renumber rule 6 as sub-rule (1) thereof;


(ii) after sub-rule (1) as so renumbered, insert the following sub-rule, namely:-


"(2) Such copies and certificates may, at the request of the decree-holder, be handed over to him or to such person as he appoints, in a sealed cover to be taken to the Court to which they are to be sent."


[Vide Notification No. 4084/35(a)-3(7), dated 24th July, 1926.] ,


Madras.-


In Order XXI, after rule 6, insert the following rule, namely:-


"6A. A copy of the judgment bearing the formule executoire, sent by a Court in the Union Territory of Pondicherry, shall be deemed to be a decree and to comply with the requirements of rule 6:


Provided that notwithstanding anything contained in rule 2, where any question as to the satisfaction or the discharge in whole or in part, of such a decree arise, the Court executing the decree shall decide it." (w.e.f. 15-3-1967)


Orissa.-


Same as in Patna.


Patna.-


In Order XXI, in rule 6, in clause (a), after the word "decree" insert the following words, namely:-


"and a copy of the suit register relating to the suit in which the decree was passed and a memorandum showing the costs allowed to the decree-holder subsequent to the passing of the decree".


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 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 exercise of its ordinary original civil jurisdiction.


HIGH COURT AMENDMENT


Kerala.-


In Order XXI, omit rule 9. (w.e.f. 9-6-1959)


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.


HIGH COURT AMENDMENTS


Delhi,-Same as in Punjab.


Himachal Pradesh.-Same as in Punjab.


Punjab.-In Order XXI, in rule 10, insert the following proviso, namely:-


"Provided that if the judgment-debtor has left the jurisdiction of the Court which passed the decree, or of the Court to which the decree has been sent, the holder of the decree may apply to the Court within whose jurisdiction the judgment-debtor is, or to the officer appointed in the behalf, to Order immediate execution on the production of the decree and of an affidavit of non-satisfaction by the holder of the decree pending the receipt of an Order of transfer under section 39."


[Vide Notification No. 125-Gaz. XI-Y-14, dated 7th April, 1932.]


11. Oral application


(1) Where a decree is for the payment of money the Court may, on the oral application of the decree-holder at the time of passing of the decree, Order immediate execution thereof by the arrest of the judgment-debtor, prior to the preparation of a warrant if he is within the precincts of the Court.


(2) Written application-Save as otherwise provided by sub-rule (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 cross-decree, 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 whether-


(i) by the delivery of any property specifically decreed;


1[(ii) by the attachment, or 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 sub-rule (2) may require the applicant to produce a certified copy of the decree.


1. Subs, by Act No. 104 of 1976 for sub-clause (ii) (w.e.f. 1-2-1977).


HIGH COURT AMENDMENTS


Allahabad.-In Order XXI, in rule 11, in sub-rule (2),-


(i) for clause (f), substitute the following clause, namely:-


"(f) the date of the last application, if any;"


(ii) insert the following proviso, namely:-


"Provided that when the applicant files with his application a certified copy of the decree, the particulars specified in clauses (b), (c) and (h), need not be given in the application."


[Vide Notification No. 4048/35(a)-3(7), dated 24th July, 1926.]


(iii) In Order XXI, in rule 11, after sub-rule (3), insert the following sub-rule, namely:-


"(4) Where a decree for money is sought to be executed under sub-rule (2) by the arrest and detention in prison of the judgment-debtor, the application shall also state on which of the grounds mentioned in the proviso to section 51, detention is claimed."


[Vide Notification No. 92/X-14, dated 19th May, 1956.]


Andhra Pradesh.-Same as in Madras. Karnataka.-In Order XXI, in rule 11, in sub-rule (2),-


(i) after clause (f), insert clause (ff) as in Madras with the omission of the word "original" before "decree-holder";


(ii) in clause (j), after sub-clause (v), insert para as in Madras (b) (w.e.f. 30-3-1967).


Kerala.-In Order XXI, in rule 11, in sub-rule (2}, after clause (f),-


(i) insert the following clause, namely:-


"(ff) whether the original decree-holder has transferred any part of his interest in the decree, and if so, the date of the transfer and the name and address of the parties to the transfer;"


(ii) for clause (j), substitute the following clause, namely:-


?(j) the mode in which me assistance of the Court is required, whether- (i) 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.


In an execution petition praying for relief by way of attachment of a decree of the nature specified in sub-rule (1) of rule 53 of this Order, there shall not be included any other relief mentioned in this clause." (w.e.f. 9-6-1959).


Madhya Pradesh.-In Order XXI, in rule 11, in sub-rule (2), insert the following proviso, namely:-


"Provided that when the applicant files with his application a certified copy of the decree the particulars specified in clauses (b), (c), and (h) need to be given in the application."


[Vide Notification No. 3409, dated 26th, June, 1943.]


Madras.-In Order XXI, in rule 11, in sub-rule (2),-


(a) after clause (f), insert the following clause, namely:-


"(ff) whether the original decree-holder has transferred any part of his interest in the decree and if so, the date of the transfer and the name and address of the parties to the transfer;"


[Vide P Dis. No. 776 of 1929.]


(b) in clause (j), after sub-clause (v), insert the following para, namely:-


"In an execution petition praying the relief by way of attachment of a decree of the nature specified in sub-rule (1) of rule 53 of this Order, there shall not be included any other relief mentioned in this clause."


[Vide G.O. Ms. No. 2084-Home, dated 2nd September, 1936, H.C.P. Dis. No. 691, dated 13th October, 1936.]


(c) insert the following proviso, namely:-


"Provided that when the applicant files with his application a certified copy of the decree, the particulars specified in clauses (b), (c) and (h) need not be given in the application."


Patna.-In Order XXI, in rule 11,-


(a) after sub-rule (1), insert the following sub-rule, namely:-


"(1A) Where an Order has been made under section 39 for the transfer of a decree for the payment of money for execution to a Court within the local limits of the jurisdiction of which the judgment-debtor resides, such Court may on the production by the decree-holder of a certified copy of the decree and an affidavit of non satisfaction forthwith Order immediate execution of the decree by the arrest of the judgment-debtor."


(b) in sub-rule (2), for the words and figure "sub-rule (1)", substitute the words and figures "sub-rules (1) and (1A)".


(c) in sub-rule (2), omit clauses (b), (c), (d), (f) and (h). (w.e.f. 5-4-1961)


1[11A. Application for arrest to state grounds


Where an application is made for the arrest and detention in prison of the judgment-debtor, it shall state, or be accompanied by an affidavit stating, the grounds on which arrest is applied for.]


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


12. Application for attachment of movable property not in judgment-debtor's possession


Where an application is made for the attachment of any movable property belonging to a judgment-debtor in his possession, the decree-holder 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 immovable property to contain certain particulars


Where an application is made for the attachment of any immovable property belonging to a judgment-debtor, 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


(b) a specification of the judgment-debtor'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.


HIGH COURT AMENDMENT


Kerala.-In Order XXI, in rule 14, in the marginal note for the words "Collector's register in certain cases", substitute the words "registers of revenue accounts". In the body of the rule for the words "in the office of the Collector", substitute the words "in the revenue accounts". (w.e.f. 9-6-1959)


15. Application for execution by joint decree-holders


(1) Where a decree has been passed jointly in favour of more persons than one, any one or more 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 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 interest 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 decree-holder 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 if, and the decree may be executed in the same manner and subject to the same conditions as if the application were made by such decree-holder :


Provided also 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 judgment-debtor, 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.


1[Explanation.-Nothing in this rule shall affect the provisions of section 146, and a transferee of rights in the property, which is the subject matter of the suit, may apply for execution of the decree without a separate assignment of the decree as required by this rule.]


HIGH COURT AMENDMENTS


Bombay.-In Order XXI, in rule 16,-


(i) in para 1, after the words "to the Court which passed it", insert the words "or to the Court which it has been sent for execution".


(ii) after the first proviso, insert the following proviso, namely:-


"Provided further that where the transferee Court holds the assignment proved, it shall forthwith communicate its decision in that behalf to the Court which passed the decree, and the latter Court shall make an entry in the Register of Suits indicating that the assignment has been held to be proved."


(iii) renumber Explanation as Explanation II;


(iv) before Explanation JI as so renumbered, insert the following Explanation namely:-


"Explanation 1.-In an application under this rule, any payment of money made under a decree or any adjustment in whole or in part of the decree arrived at to the satisfaction of the decree-holder, which payment or adjustment has not been certified or recorded by the Court under rule 2 of this Order, shall not be recognised by the Court entertaining the application." (w.e.f. 1-10-1983)


Calcutta.-In Order XXI, in rule 16, in the first proviso for the words "and the decree shall not be executed until the Court has heard their objections (if any) to its execution", substitute the following words, namely:-


"and until the Court has heard their objections (if any) the decree shall not be executed provided that if, with the application for execution, an affidavit by the transferor admitting the transfer or an instrument of transfer duly registered be filed, the Court may proceed with the execution of the decree pending the hearing of such objections".


[Vide Notification No. 3516-G, dated 3rd February, 1993.]


Gauhati.-Same as in Calcutta.


Gujarat.-In Order XXI, in rule 16, same as in Bombay (iii) and (iv).


Madhya Pradesh.-In Order XXI, in rule 16, after the words "to the Court which passed it", insert the words" or to any Court for which it has been sent for execution", (w.e.f. 16-9-1960}


Orissa.-Same as in Patna.


Patna.-In Order XXI, in rule 16, for the first proviso, substitute the following proviso, namely:-


"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 unless an affidavit of the transferor admitting the transferor is filed with the application and the decree shall not be executed until the Court has heard his objection (if any) to its execution."


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


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, sub-rule (2), the Court shall ascertain whether such of the requirement's of rules 11 to 14 as may be applicable to the case have been complied with; and if, they have not been complied with, 1[the Court shall allow] the defect to be remedied then and there or within a time to be fixed by it.


2[(1A) If the defect is not so remedied, the Court shall reject the application:


Provided that where, in the Court, there is some inaccuracy as to the amount referred to in clauses (g) and (h) of sub-rule (2) of rule 11, the Court, instead of rejecting the application, decide provisonally (without prejudice to the right of the parties to have the amount finally decided in the course of the proceedings) the amount and make an Order for the execution of the decree for the amount so provisionally decided.]


(2) Where an application is amended under the provisions of sub-rule (1), it shall be deemed to have been an application in accordance with law and presented on the date when it was first presented.


(3) Every amendment made under this rule shall be signed or initialled by the Judge.


(4) When the application is admitted, the Court shall enter in the proper register a note 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 a 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.


HIGH COURT AMENDMENTS


Andhra Pradesh.-Same as in Madras.


Karnataka.-Same as in Madras, with omission of the words "or Order" in both places where they occur.


Kerala.-Same as in Madras.


[Vide Notification No. Bl-3312/58, dated 7th April, 1959.]


Madras.-In Order XXI, after rule 17, insert the following rule, namely:-


"17A. Where an application is made to a Court for the execution of a decree or Order passed against a defendant in respect of whom service of summons has been dispensed with under rule 31 or Order V, the Court shall ordinarily direct stay of the execution of the decree or Order against such defendant till the expiry of a period of one year after cessation of hostilities with the State in whose territory such defendant was resident:


Provided that the Court may, if it considers that the interests of justice so require, Order execution on such terms as to security, or, otherwise as it thinks fit."


[Vide ROC No. 2108, dated 29th March, 1945.]


1. Subs, by Act No. 104 of 1976 for certain words (w.e.f. 1-2-1977).


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


18. Execution in case of cross-decrees


(1) Where applications are made to a Court for the execution of cross-decrees in separate suits for the payment of two sums of money passed between the same parties and capable of execution at the same time by 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 on 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 judgment-debts due by the original assignor as in respect of judgment-debts due by the assignee himself.


(3) This rule shall not be deemed to apply unless-


(a) the decree holder in one of the suits which the decrees have been made is the judgment-debtor in the other and each party files the same character in both suits; and


(b) the sums due under the decrees are definite.


(4) The holder of a decree passed against several persons jointly and severally may treat is as a cross-decree in relation to a decree against him singly in favour of one or more of such persons.


Illustrations


(a) A holds a decree against B for Rs. 1,000. 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 cross-decree under this rule.


(b) A and B, co-plaintiffs, obtain a decree for Rs. 1,000 against C, and C obtain a decree for Rs. 1,000 against B. C cannot treat his decree as a cross-decree under this rule.


(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 cross-decree under this rule.


(d) A, B, C, D and E are jointly and severely liable for Rs. 1,000 under a decree obtained by F. A obtains a decree for Rs. 1,000 against F singly and applies for execution to the Court in which the joint-decree is being executed. F may treat his joint-decree as cross-decree under this rule.


HIGH COURT AMENDMENT


Madhya Pradesh.-In Order XXI, for rule 18, substitute the following rule, namely:-


"18. (1) Where decree-holders apply to a Court for execution of cross-decrees in separate suits between the same parties for the payment of two sums of money passed and capable of execution at the same time by such Court, then-


(a) if the two sums are equal, satisfaction shall be entered upon both decrees;


(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 on the decree for the smaller sum:


Provided that-


(i) each party fills the same character in both suits, and


(ii) the sums due under the decree are definite.


(2) This rule shall be deemed to apply when either applicant is an assignee of one of the decrees as well in respect of judgment-debts due by the original assignor as in respect of judgment-debts due by the assignee himself: Provided that-


(i) where the decrees were passed between the same parties, each party fills the same character in each suit;


(ii) where the decrees were not passed between the same parties, the decree-holder in one of the suits is the judgment-debtor in the other suit and fills the same character in both suits; and


(iii) the sums due under the decrees are definite.


(3) The holder of a decree passed against several persons jointly and severally may treat it as a cross-decree in relation to a decree passed against him singly in favour of one or more of such persons." (w.e.f. 16-9-1960)


19. Execution in case of cross-claims 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. Cross-de

Comments

Popular posts from this blog

INCOME TAX SECTION 32AD - Investment in new plant or machinery in notified backward areas in certain States

INCOME TAX SECTION 35D - Amortisation of certain preliminary expenses