- Order 22, rule 25 of Civil Procedure Rules : 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 otherwise, as it thinks fit, stay execution of the decree until the pending suit has been decided.
- Order 22, rule 26 of Civil Procedure Rules : 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 detention in prison of the judgment-debtor, or by the attachment and sale of his property, or by both....
- Order 22, rule 27 of Civil Procedure Rules : 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 party to whom it has been adjudged, or to such person as he appoints to receive delivery on his...
- Order 22, rule 28 of Civil Procedure Rules : 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 obey it; the decree may be enforced by his detention in prison, or by the attachment of his property,...
- Order 22, rule 29 of Civil Procedure Rules : 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 delivery on his behalf, and, if necessary, by removing any person bound by the decree who refuses to...
- Order 22, rule 30 of Civil Procedure Rules : 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 court shall order delivery to be made by affixing a copy of the warrant in some conspicuous place on the...
- Order 22, rule 31 of Civil Procedure Rules : 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 be arrested in pursuance of the application, the court may, instead of issuing a warrant for his...
- Order 22, rule 32 of Civil Procedure Rules : 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 ordered to pay, together with the interest thereon and the costs (if any) to which he is liable, be...
- Order 22, rule 33 of Civil Procedure Rules : 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 time of his arrest until he can be brought before the court.
(2) Where a judgment-debtor is...
- Order 22, rule 34 of Civil Procedure Rules : 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 money, and it appears to the court that the judgment-debtor is unable, from poverty or other sufficient...
- Order 22, rule 35 of Civil Procedure Rules : 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
(c) any other person,
be orally examined as to whether any or what debts are owing to the...
- Order 22, rule 36 of Civil Procedure Rules : 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 case of an ordinary decree for the payment of money.
- Order 22, rule 37 of Civil Procedure Rules : 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 officer shall keep the property in his own custody, or in the custody of one of his subordinates, and...
- Order 22, rule 38 of Civil Procedure Rules : 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 which such crop is growing; or
(b) where such produce has been cut or gathered, on the barn, stock, or...
- Order 22, rule 39 of Civil Procedure Rules : 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 arrangements, every application for the attachment of a growing crop shall specify the time at which it is...
- Order 22, rule 40 of Civil Procedure Rules : 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 not made by these Rules the attachment shall be made by a written order prohibiting—
(i) in the case...
- Order 22, rule 41 of Civil Procedure Rules : 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 the judgment-debtor prohibiting him from transferring the share or interest or charging it in any way....
- Order 22, rule 42 of Civil Procedure Rules : 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 allowance is payable is or is not within the local limits of the court’s jurisdiction, may order that...
- Order 22, rule 43 of Civil Procedure Rules : 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 partners in the firm as such.
(2) The court may, on the application of the holder of a decree against a...
- Order 22, rule 44 of Civil Procedure Rules : 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 or 7 of Order 30 or who has admitted on the pleadings, that he is, or who has been adjudged to be, a...
- Order 22, rule 45 of Civil Procedure Rules : 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 brought into court and held subject to further orders of the court.
- Order 22, rule 46 of Civil Procedure Rules : 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 thereon, may be held subject to the further orders of the court from which the notice is issued:...
- Order 22, rule 47 of Civil Procedure Rules : 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 by the same court, then by order of such court; and
(b) if the decree sought to be attached was...
- Order 22, rule 48 of Civil Procedure Rules : 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 taking any benefit from such purported transfer or charge, and the attachment shall be complete and...
- Order 22, rule 49 of Civil Procedure Rules : 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 court or is certified by the court; or
(b) the decree is set aside or reversed, the attachment...
- Order 22, rule 50 of Civil Procedure Rules : 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 dismiss the application or for any sufficient reason adjourn the proceedings to a future date and...
- Order 22, rule 51 of Civil Procedure Rules : 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 proceeds of sale of such property give notice in writing to the court and to all the parties and to...
- Order 22, rule 52 of Civil Procedure Rules : 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 notice in writing to intimate to the court and to all the parties in writing within seven days whether...
- Order 22, rule 53 of Civil Procedure Rules : 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 court and the objector within the period prescribed by such notice that he does not propose to...
- Order 22, rule 54 of Civil Procedure Rules : 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 expeditiously.