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Code of Civil Procedure, 1908 Part II

Title: Execution

State: Central

Year: 1908

..... 30 [***] ____________________ 1. For amendments to section 60, in its application to East Punjab, see the Punjab Relief of Indebtedness Act, 1934 (Punjab Act 7 of 1934), section 35, as amended by Punjab Acts 12 of 1940 and 6 of 1942. 2. Substituted by Act 104 of 1976, section 23(i)(a), for "an agriculturist" (w.e.f. 1-2-1977). 3. Inserted by Act 104 of 1976, section 23(i)(b), (w.e.f. 1-2-1977). 4. For such a notification, see Gazette of India, 1909, Pt. I, p.5. 5. Substituted by the A.O. 1937, for "the G.G. in C." 6. Substituted by Act 9 of 1937, section 2, for clauses (h) and (i). The amendments made by that section have no effect in respect of any proceedings arising out of a suit instituted before 1st June, 1937, See Act 9 of 1937, section 3. 7. The words "and salary, to the extent of the first hundred rupees and one-half the remainder of such salary" omitted by Act 5 of 1943, section 2. 8. Substituted by Act 5 of 1943, section 2, for clause (i) and proviso. 9. Substituted by Act 26 of 1963, section 2, for "the first hundred rupees". 10. Substituted by Act 104 of 1976, section 23(i)(c)(i), for "two hundred rupees and one-half the remainder".....

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Code of Civil Procedure, 1908 Rule 10 to 23

Title: Application for Execution

State: Central

Year: 1908

.....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.....

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Code of Civil Procedure, 1908 Appendix E

Title: Execution

State: Central

Year: 1908

.....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......../20.... . Judge No. 4 certificate of non-satisfaction of decree (Title) Certified that no* satisfaction of the decree of this Court in suit No. ..... of 19..../20...., a copy which is hereunto attached, has been obtained by execution within the jurisdiction of this Court. Dated the ................. day of ..................... 19........./20.... . Judge No. 5 certificate of the execution of decree transferred to another court (0.21.1.6.) (Title) No. of Suit and the Court by which the decree was passed Names if parties Date of application for excution Number of the execution case Process issued and dates of service thereof Costs of execution Amount realized How the case disposed of Remarks 1 2 3 4 5 6 7 8 9 .....

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Code of Civil Procedure, 1908 Rule 3 to 9

Title: Courts Executing Decrees

State: Central

Year: 1908

.....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 in that effect. 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 Court or be transferred for execution to any subordinate Court of competent jurisdiction. .....

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Code of Civil Procedure, 1908 Rule 26 to 29

Title: Stay of Execution

State: Central

Year: 1908

.....a suit is pending in any court against the holder of a decree of such Court 2[or of a decree which is being executed by such Court], on the part of the person against whom the decree was passed, the Court may, on such terms as to security or otherwise, as it thinks fit, stay execution of the decree until the pending suit has been decided : 3[Provided that if the decree is one for payment of money, the Court shall, if it grants stay without requiring security, record its reasons for so doing.] ___________________ 1. Substituted by Act 104 of 1976 section 72(xi), for "the Court may require" (w.e.f. 1-2-1977). 2. Inserted by Act 104 of 1976, section 72(xii)(a), (w.e.f. 1-2-1977). 3. Inserted by the Act 104 of 1976, sec. 72(xii)(b) (w.e.f. 1-2-1977).

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Code of Civil Procedure, 1908 Rule 30 to 36

Title: Mode of Execution

State: Central

Year: 1908

.....shall make to the decree-holder such periodical payments as may be just, and, if it thinks fit, require that the judgment-debtor shall, to its satisfaction, secure to the decree-holder such periodical payments. (3) The Court may from time to time vary or modify any order made under sub-rule (2) for the periodical payment of money, either by altering the times of payment or by increasing or diminishing the amount, or may temporarily suspend the same as to the whole or any part of the money so ordered to be paid, and again review the same, either wholly or in part as it may think just. (4) Any money ordered to be paid under this rule may be recovered as though it were payable under a decree for the payment of money. 34. Decree for execution of document, or endorsement of negotiable instrument (1) Where a decree is for the execution of a document or for the endorsement of a negotiable instrument and the judgment-debtor neglects or refuses to obey the decree, the decree-holder may prepare a draft of the document or endorsement in accordance with the terms of the decree and deliver the same to the Court. (2) The Court shall thereupon cause the draft to be served on the.....

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Code of Civil Procedure, 1908 Rule 5 to 8

Title: Stay of Proceedings and of Execution

State: Central

Year: 1908

.....anything contained in the foregoing sub-rules, where the appellant fails to make the deposit or furnish the security specified in sub-rule (3) of rule 1, the Court shall not make an order staying the execution of the decree.] 6. Security in case of order for execution of decree appealed from (1) Where an order is made for the execution of a decree from which an appeal is pending, the Court which passed the decree shall, on sufficient cause being shown by the appellant, require security to be taken for the restitution of any property which may be or has been taken in execution of the decree or for the payment of the value of such property and for the due performance of the decree or order of the Appellate Court, or the Appellate Court may for like cause direct the Court which passed the decree to take such security. (2) Where an order has been made for the sale of immovable property in execution of a decree, and an appeal is pending from such decree, the sale shall, on the application of the judgment-debtor to the Court which made the order, be stayed on such terms as to giving security or otherwise as the Court thinks fit until the appeal is disposed of. .....

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Registration Act, 1908 Section 35

Title: Procedure on Admission and Denial of Execution Respectively

State: Central

Year: 1908

.....denies its execution, the registering officer shall refuse to register the document as to the person so denying, appearing or dead: Provided that, where such officer is a Registrar, he shall follow the procedure prescribed in Part XII: 1[Provided further that the2[State Government] may, by notification in the3[Official Gazette], declare that any Sub-Registrar named in the notification shall, in respect of documents the execution of which is denied, be deemed to be a Registrar for the purposes of this sub-section and of Part XII.] _______________________________ 1. Added by Act 13 of 1926, section 2. 2. Substituted by the A.O. 1950, for "Provincial Government". 3. Substituted by the A.O. 1939, for "Local Official Gazette".

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Code of Civil Procedure, 1908 Rule 24 to 25

Title: Process for Execution

State: Central

Year: 1908

.....endorse thereon the day on, and the manner in, which it was executed, and, if the latest day specified in the process for the return thereof has been exceeded, the reason of the delay, or, if it was not executed, the reason why it was not executed, and shall return the process with such endorsement to the Court. (2) Where the endorsement is to the effect that such officer is unable to execute the process, the Court shall examine him touching his alleged inability, and may, if it thinks fit, summon and examine witnesses as to such inability, and shall record the result. ______________________ 1. Substituted by Act 104 of 1976, section 72(x), for sub-rule (3) (w.e.f. 1-2-1977).

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Code of Civil Procedure, 1908 Section 60

Title: Property Liable Toattachment and Sale in Execution of Decree

State: Central

Year: 1908

..... 4. For such a notification, see Gazette of India, 1909, Pt. I, p.5. 5. Substituted by the A.O. 1937, for "the G.G. in C." 6. Substituted by Act 9 of 1937, section 2, for clauses (h) and (i). The amendments made by that section have no effect in respect of any proceedings arising out of a suit instituted before 1st June, 1937, See Act 9 of 1937, section 3. 7. The words "and salary, to the extent of the first hundred rupees and one-half the remainder of such salary" omitted by Act 5 of 1943, section 2. 8. Substituted by Act 5 of 1943, section 2, for clause (i) and proviso. 9. Substituted by Act 26 of 1963, section 2, for "the first hundred rupees". 10. Substituted by Act 104 of 1976, section 23(i)(c)(i), for "two hundred rupees and one-half the remainder" (w.e.f. 1-2-1977). 11. Substituted by Act 46 of 1999, sec. 6 for "four hundred rupees" (w.e.f. 1-7-2002). 12. Inserted by Act 66 of 1956, section 6 (w.e.f. 1-1-1957). 13. Substituted by Act 104 of 1976, section 23(i)(c)(ii), for the proviso (w.e.f. 1-2-1977). 14. Substituted by Act 104 of 1976, section 23(i)(d), for clause (j) (w.e.f. 1-2-1977). 15. Substituted by Act 9 of 1937, section 2, for "1897". .....

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