Order 21, rule 8 of Civil Procedure Rules : Preparation and dating of decrees and orders
(1) A decree shall bear the date of the day on which the judgment was delivered.
(2) Any party in a suit in the High Court may prepare a draft decree and submit it for the approval of the other parties to the suit, who shall approve it with or without amendment, or reject it, without undue delay; and if the draft is approved by the parties, it shall be submitted to the registrar who, if satisfied that it is drawn up in accordance with the judgment, shall sign and seal the decree accordingly.
(3) If no approval of or disagreement with the draft decree is received within seven days after delivery thereof to the other parties, the registrar, on receipt of notice in writing to that effect, if satisfied that the draft decree is drawn up in accordance with the judgment, shall sign and seal the decree accordingly.
(4) On any disagreement with the draft decree any party may file the draft decree marked as “for settlement” and the registrar shall thereupon list the same in chambers before the judge who heard the case or, if he is not available, before any other judge, and shall give notice thereof to the parties.
(5) The provisions of sub-rules 2, 3 and 4 shall apply to a subordinate court and reference to the registrar and judge in the subrules shall refer to magistrate.
(6) Any order, whether in the High Court or in a subordinate court, which is required to be drawn up, shall be prepared and signed in like manner as a decree.
(7) Nothing in this rule shall limit the power of the court to approve a draft decree at the time of pronouncing judgment in the suit, or the power of the court to approve a draft order at the time of making the order.
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- Order 21, rule 9 - Costs
(1) Where the amount of costs has been—
(a) agreed between the parties;
(b) fixed by the judge or magistrate before the decree is drawn;
(c) certified by the registrar under section 68A of the...
- Order 21, rule 10 - Decree for recovery of immovable property
Where the subject-matter of the suit is immovable property, the decree shall contain a description of such property sufficient to identify the same, and, where such property can be identified by...
- Order 21, rule 11 - Decree for delivery of movable property
Where the suit is in respect of movable property, and the decree is for the delivery of such property, the decree shall also state the amount of money to be paid as an alternative if delivery cannot...
- Order 21, rule 12 - Decree may direct payment by instalments
(1) Where and in so far as a decree is for the payment of money, the court may for any sufficient reason at the time of passing the decree order that payment of the amount decreed shall be postponed...
- Order 21, rule 13 - Decree for possession and mesne profits
(1) Where a suit is for the recovery of possession of immovable property and for rent or mesne profits, the court may pass a decree— (a) for the possession of the property;
(b) for the rent or...
- Order 21, rule 14 - Decree in administration suit
(1) Where a suit is for an account in respect of any property or for its due administration under the decree of the court, the court shall, before passing the final decree, pass a preliminary decree...
- Order 21, rule 15 - Decree in suit for dissolution of partnership
Where a suit is for the dissolution of a partnership, or the taking of partnership accounts, the court, before passing a final decree, may pass a preliminary decree, declaring the proportionate shares...
- Order 21, rule 16 - Decree in suit for account between principal and agent
In a suit for an account of pecuniary transactions between a principal and an agent, and in any other suit not hereinbefore provided for, where it is necessary, in order to ascertain the amount of...
- Order 21, rule 17 - Special directions as to accounts
The court may, either by the decree directing an account to be taken or by any subsequent order, give special directions with regard to the mode in which the account is to be taken or vouched, and in...
- Order 21, rule 18 - Decree in suit for partition of property or separate possession of a share
Where a court passes a decree for the partition of property or for the separate possession of a share therein, the court may, if the partition or separation cannot be conveniently made without further...
- Order 21, rule 19 - Decree where set-off is allowed
(1) Where the defendant has been allowed a set-off against the claim of the plaintiff, the decree shall state what amount is due to the plaintiff and what amount is due to the defendant, and shall be...
- Order 21, rule 20 - Certified copies of judgment and decree to be furnished
The registrar, or in the case of a subordinate court, the presiding magistrate shall upon written request made by the parties or any of them, and upon payment of requisite fees, furnish certified...
- Order 22, rule 1 - Modes of paying money under decree
(1) All money payable under a decree or order shall be paid as follows—
(a) into the court whose duty it is to execute the decree;
(b) direct to the decree-holder; or
(c) otherwise as the court...
- Order 22, rule 2 - Payment out of court to decree-holder
(1) Where any money payable under a decree of any kind is paid direct to the decreeholder or the decree is otherwise adjusted in whole or in part to the satisfaction of the decree-holder, the decree-...
- Order 22, rule 3 - Lands situate in more than one jurisdiction
Where immovable property forms one estate or tenure situate within the local limits of the jurisdiction of two or more courts, any one of such courts may attach and sell the entire estate or tenure.
- Order 22, rule 4 - Procedure where court desires that its own decree shall be executed by another court
The court sending a decree for execution by another court shall send—
(a) a copy of the decree;
(b) a certificate setting forth that satisfaction of the decree has not been obtained by execution...
- Order 22, rule 5 - Court receiving copies of decree 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,...
- Order 22, rule 6 - Application for execution
Where the holder of a decree desires to execute it, he shall apply to the court which passed the decree, or, if the decree has been sent under the provisions hereinbefore contained to another court,...
- Order 22, rule 7 - Oral and written applications
(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 the passing of the decree, order immediate execution thereof by the arrest of...
- Order 22, rule 8 - 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, but not in his possession, the decree-holder shall annex to the application an inventory of the...
- Order 22, rule 9 - 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...
- Order 22, rule 10 - Power to require certified extract from Land Registries in certain cases
Where an application is made for the attachment of any land which is registered in the Land Registries, the court may require the applicant to produce a certified extract from the register of such...
- Order 22, rule 11 - 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 of such persons may, unless the decree imposes any condition to the contrary, apply for the execution of...
- Order 22, rule 12 - 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,...
- Order 22, rule 13 - Procedure on receiving an application for execution of decree
(1) On receiving an application for the execution of a decree as provided by rule 7(2), the court shall ascertain whether such of the requirements of rules 7 to 9 as may be applicable to the case have...
- Order 22, rule 14. - 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...
- Order 22, rule 15 - 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...
- Order 22, rule 16 - Cross-decrees and cross-claims in mortgage suits
The provisions of rules 14 and 15 shall apply when one or both of the decrees for sale is in enforcement of a mortgage or charge.
- Order 22, rule 17 - Simultaneous execution
The court may, in its discretion, refuse execution at the same time against the person and property of the judgment-debtor.
- Order 22, rule 18 - Notice to show cause against execution in certain cases
(1) Where an application for execution is made—
(a) more than one year after the date of the decree;
(b) against the legal representative of a party to the decree; or (c) for attachment of...
- Order 22, rule 19 - Procedure after issue of notice
(1) Where the person to whom notice is issued under rule 18 does not appear or does not show cause to the satisfaction of the court why the decree should not be executed, the court shall order the...
- Order 22, rule 20 - Process of execution
(1) When the preliminary measures (if any) required by the foregoing rules have been taken, the court shall, unless there is cause to the contrary, issue its process for the execution of the decree....
- Order 22, rule 21 - Endorsement on process
(1) The officer entrusted with the execution of the process shall 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...
- Order 22, rule 22 - When court may stay execution
(1) The court to which a decree has been sent for execution shall, upon sufficient cause being shown, stay the execution of such decree for a reasonable time to enable the judgment-debtor to apply to...
- Order 22, rule 23 - Liability of judgment-debtor discharged
No order of restitution or discharge under rule 22 shall prevent the property or person of a judgment-debtor from being retaken in execution of the decree sent for execution.
- Order 22, rule 24 - Order of court which passed decree or of appellate court to be binding upon court applied to
Any order of the court by which a decree is passed, or of such appellate court as aforesaid, in relation to the execution of such decree, shall be binding upon the court to which the decree is sent...
- Order 22, rule 25 - Stay of execution pending suit between decree-holder and judgment-debtor
Where a suit is pending in any court against the holder of a decree of such court in the name of the person against whom the decree was passed, the court may, on such terms as to security or...
- Order 22, rule 26 - Decree for payment of money
Subject to the provisions of section 38 of the Act, every decree for the payment of money, including a decree for the payment of money as an alternative to some other relief, may be executed by the...
- Order 22, rule 27 - Decree for specific movable property
(1) Where the decree is for any specific movable, or for any share in a specific movable, it may be executed by the seizure, if practicable, of the movable or share, and by the delivery thereof to the...
- Order 22, rule 28 - Decree for specific performance or for an injunction
(1) Where any party against whom a decree for the specific performance of a contract, or for an injunction, has been passed, has had an opportunity of obeying the decree, and has wilfully failed to...
- Order 22, rule 29 - Decree for immovable property
(1) Where a decree is for the delivery of any immovable property, possession thereof shall be delivered to the party to whom it has been adjudged, or to such person as he may appoint to receive...
- Order 22, rule 30 - Decree for delivery of immovable property when in occupancy of tenant
Where a decree is for the delivery of any immovable property in the occupancy of a tenant or other person entitled to occupy the same and not bound by the decree to relinquish such occupancy, the...
- Order 22, rule 31 - Discretionary power to permit judgment-debtor to show cause against detention in prison
(1) Notwithstanding anything in these Rules, where an application is for the execution of a decree for the payment of money by the arrest and detention in prison of a judgmentdebtor who is liable to...
- Order 22, rule 32 - Warrant for arrest to direct judgment-debtor to be brought up
Every warrant for the arrest of a judgment-debtor shall direct the officer entrusted with its execution to bring him before the court with all convenient speed, unless the amount which he has been...
- Order 22, rule 33 - Subsistence allowance
(1) No judgment-debtor shall be arrested in execution of a decree unless and until the decree-holder pays into court such sum as may be sufficient for the subsistence of the judgment-debtor from the...
- Order 22, rule 34 - Proceedings on appearance of judgment-debtor in obedience to notice or after arrest
(1) Where a judgment-debtor appears before the court in obedience to a notice issued under rule 31, or is brought before the court after being arrested in execution of a decree for the payment of...
- Order 22, rule 35 - Examination of judgment-debtor as to his property
Where a decree is for the payment of money, the decree- holder may apply to the court for an order that—
(a) the judgment-debtor;
(b) in the case of a corporation, any officer thereof; or...
- Order 22, rule 36 - Attachment in case of decree for rent, or mesne profits, or other matter
Where a decree directs an inquiry as to rent or mesne profits, or any other matter, the property of the judgment-debtor may, before the amount due from him has been ascertained, be attached, as in the...
- Order 22, rule 37 - Attachment of movable property other than agricultural produce, in possession of judgment-debtor
Where the property to be attached is movable property, other than agricultural produce, in the possession of the judgment-debtor, the attachment shall be made by actual seizure, and the attaching...
- Order 22, rule 38 - Attachment of agricultural produce
Where the property to be attached is agricultural produce, the attachment shall be made by affixing a copy of the warrant of attachment—
(a) where such produce is a growing crop, on the land on...