Order 22, rule 18 of Civil Procedure Rules : 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 salary or allowance of any person under rule 43,
the court executing the decree shall issue a notice to the person against whom execution is applied for requiring him to show cause, on a date to be fixed, why the decree should not be executed against him:
Provided that no such notice shall be necessary in consequence of more than one year having elapsed between the date of the decree and the application for execution if the application is made within one year from the date of the last order against the party against whom the execution is applied for, made on any previous application for execution, or in consequence of the application being made against the legal representative of the judgment-debtor, if upon a previous application for execution against the same person the court has ordered execution to issue against him:
Provided further that no such notice shall be necessary on any application for the attachment of salary or allowance which is caused solely by reason of the judgmentdebtor having changed his employment since a previous order for attachment.
(2) Nothing in subrule (1) shall be deemed to preclude the court from issuing any process in execution of a decree without issuing the notice thereby prescribed, if, for reasons to be recorded, it considers that the issue of such notice would cause unreasonable delay or would defeat the ends of justice.
(3) Except as provided in rule 6 and in this rule, no notice is required to be served on a judgment debtor before execution is issued against him.
Enhance Your Research with Bookmarks and Annotations
Here's how you can use these features:
- To bookmark this page, click the "Bookmark this Page" button below the document title.
- To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
- These features are great for organizing your research and keeping track of key information.
- You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.
- 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...
- Order 22, rule 39 - Provisions as to agricultural produce under attachment
(1) Where agricultural produce is attached, the court shall make such arrangements for the custody thereof as it may deem sufficient, and, for the purpose of enabling the court to make such...
- Order 22, rule 40 - Attachment of share and other property not in possession of judgment-debtor
(1) In the case of—
(a) a share in the capital of a corporation; or
(b) other movable property not in the possession of the judgment-debtor,
for the attachment of which specific provision is...
- Order 22, rule 41 - Attachment of share in movables
Where the property to be attached consists of the share or interest of the judgment debtor in movable property belonging to him and another as co-owners, the attachment shall be made by a notice to...
- Order 22, rule 42 - Attachment of salary or allowance
(1) Where the property to be attached is any salary or periodical allowance payable to the judgment-debtor by any person, the court, whether the judgment-debtor or the person by whom such salary or...
- Order 22, rule 43 - Attachment of partnership property
(1) Save as otherwise provided by this rule, property belonging to a partnership shall not be attached or sold in execution of a decree other than a decree passed against the firm or against the...
- Order 22, rule 44 - Execution of decree against firm
(1) Where a decree has been passed against a firm, execution may be granted—
(a) against any property of the partnership.
(b) against any person who has appeared in his own name under rules 6...
- Order 22, rule 45 - Attachment of negotiable instrument
Where the property to be attached is a negotiable instrument not deposited in a court or in the custody of a public officer, the attachment shall be made by actual seizure, and the instrument shall be...
- Order 22, rule 46 - Attachment of property in custody of court
Where the property to be attached is in the custody of any court, the attachment shall be made by a notice to such court requesting that such property, and any interest or dividend becoming payable...
- Order 22, rule 47 - Attachment of decree
(1) Where the property to be attached is a decree, either for the payment of money or for sale in enforcement of a mortgage or charge, the attachment shall be made—
(a) if the decrees were passed...
- Order 22, rule 48 - Attachment of immovable property
(1) Where the property to be attached is immovable, the attachment shall be made by an order prohibiting the judgment-debtor from transferring or charging the property in any way, and all persons from...
- Order 22, rule 49 - Removal of attachment after satisfaction of decree
Where—
(a) the amount decreed with costs and all charges and expenses resulting from
the attachment of any property are paid into court, or satisfaction of the decree is otherwise made through the...
- Order 22, rule 50 - Determination of attachment
Where any property has been attached in execution of a decree, but by reason of the decree-holder’s default the court is unable to proceed further with the application for execution, it shall either...
- Order 22, rule 51 - Objection to attachment
(1) Any person claiming to be entitled to or to have a legal or equitable interest in the whole of or part of any property attached in execution of a decree may at any time prior to payment out of the...
- Order 22, rule 52 - Stay of execution
Upon receipt of a valid notice and application as provided under rule 51, the court may order a stay of the execution for not more than fourteen days and shall call upon the attaching creditor by...
- Order 22, rule 53 - Raising of attachment
Should the attaching creditor in pursuance of a notice issued under rule 52 either fail to reply to the court and the objector within the period prescribed by the notice or intimate in writing to the...
- Order 22, rule 54 - Notice of intention to proceed
If the attaching creditor proposes to proceed with the attachment pursuant to rule 52, the intimation shall be accompanied by a replying affidavit and the court shall proceed to hear the application...
- Order 22, rule 55 - Power to order property attached to be sold and proceeds to be paid to person entitled
Any court executing a decree may order that any property attached by it and liable to sale, or such portion thereof as may seem necessary to satisfy the decree, shall be sold, and that the proceeds of...
- Order 22, rule 56 - Sale, by whom conducted and how made
(1) Save as otherwise prescribed, every sale in execution of a decree shall be conducted by an officer of the court or by such other person as the court may appoint in this behalf, and shall be made...
- Order 22, rule 57 - Notification of sale by public auction
(1) Where any property is ordered to be sold by public auction in execution of a decree, the court shall cause public notice and advertisement of the intended sale to be given in such manner as the...
- Order 22, rule 58 - Time of sale
Save in the case of property of the kind described in the proviso to rule 37, no sale hereunder shall without the consent in writing of the judgment-debtor, take place until after the expiration of at...
- Order 22, rule 59 - Adjournment or stoppage of sale
(1) The court may, in its discretion, adjourn any sale hereunder to a specified day and hour, and the officer conducting any such sale may in his discretion adjourn the sale, recording his reasons for...
- Order 22, rule 60 - Defaulting purchaser answerable for loss on re-sale
Any deficiency of price which may happen on a re-sale by reason of the purchaser’s default, and all expenses attending such re-sale, shall be certified to the court by the officer or other person...
- Order 22, rule 61 - Decree-holder not to bid for or buy property without permission
(1) No holder of a decree in execution of which property is sold shall, without the express permission of the court, bid for or purchase the property.
(2) Where a decree-holder purchases with such...
- Order 22, rule 62 - Restriction on bidding or purchase by officers
No officer or other person having any duty to perform in connection with any sale shall, either directly or indirectly bid for, acquire or attempt to acquire, any interest in the property sold.
- Order 22, rule 63 - Negotiable instruments and shares in corporations
Where the property to be sold is a negotiable instrument or a share in a corporation, the court may, instead of directing the sale to be by public auction, authorise the sale of such instrument or...
- Order 22, rule 64 - Sales by public auction
(1) Where movable property is sold by public auction, the price of each lot shall be paid at the time of sale, or as soon after as the officer or other person holding the sale directs, and in default...
- Order 22, rule 65 - Irregularity not to vitiate sale, but any person injured may sue
No irregularity in publishing or conducting the sale of movable property shall vitiate the sale; but any person sustaining any injury by reason of such irregularity at the hand of any other person may...
- Order 22, rule 66 - Delivery of movable property, debts and shares
(1) Where the property sold is movable property of which actual seizure has been made, it shall be delivered to the purchaser.
(2) Where the property sold is movable property in the possession of...
- Order 22, rule 67 - Vesting order in case of other property
In the case of any movable property not hereinbefore provided for, the court may make an order vesting such property in the purchaser, or as he may direct, and such property shall vest accordingly.
- Order 22, rule 68 - Sale of immovable property
Sale of immovable property in execution of decrees may be ordered by any court.