Section 3

Amendment status not verified — confirm the current text below against the official source.

That an inquiry be made as to the amount of mesne profits from the institution of the suit until [the delivery of possession to the decree-holder] [the relinquishment of possession by the judgment-debtor with notice to the decree -holder through the Court] [the expiration of three years from the date of the decree]. Schedule 215 APPENDIX E EXECUTION No. 1 Notice to Show Cause Why a Payment or Adjustment should not be Recorded as Certified (O 21, R. 2) (Title) Whereas in execution of the decree in the above-named suit. . . . . . .has applied to this Court that the sum of Rs. . . . . . recoverable under the decree has been paid/adjusted and should be recorded as certified, this is to give you notice that you are to appear before this Court on the. . . . . . . . . day of . . . . . . . . . 19. . . . . . ., to o show cause why the payment/adjustment aforesaid should not be recorded as certified. Given under my hand and the seal of the Court, this. . . . . . .day of 19. No. 2 Precept (Section 46) (Title) Upon hearing the decree-holder it is ordered that this precept be sent to the Court of. . . . . . . . . .at. . . . . . . . . . . . under section 46 of the Code of Civil Procedure, 1908, with directions to attach the property specified in the annexed schedule and to hold the same pending any application which may be made by the deree­ holder for executive of the decree. No. 3 Order Sending Decree for Execution to another Court (O. 21, R. 6) (Title) Whereas the decree-holder in the above suit has applied to this Court for a certificate to be sent to the Court of. . . . . . . . at . . . . . . . for execution of the decree in the above suit by the said Court, alleging that the judgment-debtor resides or has property within the local limits, of the jurisdiction of the said Court, and it is deemed necessary and proper to send a certificate to the said Court under Order XXI, rule 6, of the Code of Civil Procedure, 1908, it is Ordered : That a copy of this 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 . . . ., Judge No. 4 Certificate of Non-Satisfaction of Decree (O. 21, R. 6.) (Title) Certified that no[476] satisfaction of the decree of this Court in suit No. . . . . . . . of 19 . . . ., a copy which is hereunto attached, has been obtained by execution within the jurisdiction of this Court. Dated the . . . . . . . . . day of . . . . . . . 19 . . . ., 216 Judge No. 5 Certificate of Execution of Decree Transferred to Another Court (O. 21, R. 6) (Title) No of suitn and the Court by which decree was passed Name of parties Date of application for execution Number of the execution case Processesissued and dates of services thereof Costs of execution Amount realized How the case is disposed of Remarks 1 2 3 4 5 6 7 8 9 Rs. a. p. Rs. a. p. Signature of Maharir incharge Signature of Judge No. 6 Application for Execution of Decree (O. 21, R. 11) In the Court of I . . . . . . , decree-holder, hereby apply for execution of the decree herein-below set forth : No. of Suit 217 Name of parties Date of Decree Whether any appeal preferred from decree Payment of adjustment made, if any Previous application, if any, with date and result Amount with interest due upon the decree or other relief granted thereby together with particular, of any cross decree Amount of costs, if any, awarded Against whom to be executed Mode in which the assistance of the Court is required. 1 2 3 4 5 6 7 8 9 10 789 of 1897 A.B.—Plaintiff C.D.—Defendant October 11, 1897 No. None. Rs.72-4-0 recorded on application dated the 4th March, 1899. Rs. 314-8-2 principal[interest at 6 per cent, per annum, from date of decree till payment]. Rs. a. p. As awarded in the decree 47 10 4 Subsequently incurred 8 2 0 Against the defendant C.D. [When attachment and sale of movable property is sought.] I pray that the total amount of Rs…………[together with interest on the principal sum up to date of payment] and the cost of taking out this execution, be realised by attachment and sale of defendant's movable property as per annexed list and paid to me. [When attachment and sale of immovable property is sought.] 218 I pray that the total amount of Rs……………[together with interest on the principal sum up to date of payment] and the cost of taking out this execution, be realised by attachment and sale of defendant's immovable property specified at the foot of this application and paid to me. I . . . . . . . declare that what is stated herein is true to the best of my knowledge and belief. Signed. . . . . . . . . . . . . . . . . . ., decree-holder Dated the . . . . . . . . . day of . . . . . . . 19 . . . ., [When attachment and sale of immovable property is sought.] Description and specification of property The undivided one-third share of the judgment-debtor in a house situated in the village of . . . . . . , value Rs. 40, and bounded as follows :— East by G's house; west by H's house; south by public road; north by private lane and J's house. I . . . . . . . declare that what is stated in the above description is true to the best of my knowledge and belief, and so far as I have been able to ascertain the interest of the defendant in the property therein specified. Signed . . . . . . . . . . . . . . , decree-holder No. 7 Notice to Show Cause Why Execution should not Issue (O. 21, R. 16) (Title) To Whereas . . . . . . . . . . . . . . has made application to this Court for execution of decree in Suit No. . . . . . . . . . . of 19 . . . . ., on the allegation that the said decree has transferred to him by assignment [477][or without assignment], this is to give you notice that you are to appear before this Court . . . . . . . on the . . . . . . . . . day of . . . . . . . 19 . . . ., to show cause why execution should not be granted. Given under my hand and the seal of the Court, this . . . . . . . . . day of . . . . . . . 19 . . . . Judge. No. 8 Warrant of Attachment for Movable Property in Execution of a Decree for Money (O. 21, R. 30) (Title) To The Bailiff of the Court, Whereas . . . . . . . was ordered by decree of this Court passed on the day of . . . . . . .19 . . . ., in Suit No. . . . . . . . of 19 . . . . . . ., to pay to the plaintiff. . . . . . . . . . . . . . the sum of Rs. . . . . . . . . . . . . . . as noted in the margin; and whereas the said sum of Rs. . . . . . . . has not been paid; These are to command you to attach the movable property of the said . . . . . . . . . , as set forth in the schedule hereunto annexed, or which shall be pointed out to you by the said . . . . . . . ., and unless the said . . . . . . . shall pay to you the said sum of Rs. . . . . . . . together with Rs. . . . . . . . , the cost of this attachment, to hold the same until further orders from this Court. You are further commanded to return this warrant on or before the . . . . . . . . . day of . . . . . . . 19 . . . ., with an endorsement certifying the day on which and manner in which it has been executed, or why it has not been executed. Given under my hand and the seal of the Court, this . . . . . . . . . day of . . . . . . . 19 . . . ., 219 Schedule Judge. Decree Principal Interest Costs Further interest Total No. 9 Warrant for Seizure of Specific Movable Property Adjudged by Decree (O. 21, R. 31) (Title) To The Bailiff of the Court. Whereas . . . . . . . was ordered by decree of this Court passed on the . . . . . . . . . day of . . . . . . . 19 . . . ., in Suit No. . . . . . . . of 19. . . ., to deliver to the plaintiff the movable property (or a . . . . . . . share in the movable property) specified in the schedule hereunto annexed, and whereas the said property (or share) has not been delivered. These are to command you to seize the said movable property (or a . . . . . . . share of the said movable property) and to deliver it to the plaintiff or to such person as he may appoint in this behalf. Given under my hand and the seal of the Court, this . . . . . . . . . day of . . . . . . . 19 . . . ., Schedule Judge . No. 10 Notice to State Objection to Draft of Document (O. 21, R. 34) (Title) To Take notice that on the . . . . . . . . . day of . . . . . . . 19 . . . ., . . . . . . . the decree-holder in the above suit presented an application to this Court that the Court may execute on your behalf a deed of . . . . . . ., whereof a draft is hereunto annexed, of the immovable property specified hereunder, and that the . . . . . . . . . day of . . . . . . . 19 . . . ., is appointed for the hearing of the said application, and that you are at liberty to appear on the said day and to state in writing any objections to the said draft. Description of property Given under my hand and the seal of the Court, this . . . . . . . . . day of . . . . . . . 19 . . . ., Judge. No. 11 Warrant to the Belief to Give Possession of Land, etc. 220 (O. 21, R. 35) (Title) To o The Bailiff of the Court. Whereas the undermentioned property in the occupancy of . . . . . . . . . . . . . . has been decreed to . . . . . . . , the plaintiff in this suit; You are hereby directed to put the said . . . . . . . . . . . . . . in possession of the same, and you are hereby authorized to remove any person bound by the decree who may refuse to vacate the same. Given under my hand and the seal of the Court, this . . . . . . . . . day of . . . . . . . 19 . . . ., Schedule Judge. No. 12 Notice to Show Cause Why Warrant of Arrest should not Issue (O. 21, R. 37) (Title) To Whereas . . . . . . . . has made application to this Court for execution of decree in Suit No. . . . . . ., of 19 . . . . ., by arrest and imprisonment of your person, you are hereby required to appear before this Court on the . . . . . . . . . day of . . . . . . . 19 . . . ., to show cause why you should not be committed to the civil prison in execution of the said decree. Given under my hand and the seal of the Court, this . . . . . . . . . day of . . . . . . . 19 . . . ., Judge. No. 13 Warrant of Arrest in Execution (O. 21, R. 38) (Title) To The Bailiff of the Court. Whereas . . . . . . . . . was adjudged by a decree of the Court in suit No. . . . . . . of 19 . . . ., dated the . . . . . . . . . day of . . . . . . . 19 . . . ., to pay to the decree-holder the sum of Rs. . . . . . . as noted in the margin, and whereas the said sum of Rs. . . . . . has not been paid to the said decree-holder in satisfaction of the said decree, these are to command you to arrest the said judgment-debtor and unless the said judgment-debtor shall pay to you the said sum of Rs. . . . . . . . together with Rs. . . . . . . . for the cost of executing this process, to bring the said defendant before the Court with all convenient speed. You are further commanded to return this warrant on or before the . . . . . . . . . day of . . . . . . . 19 . . . .,with an endorsement certifying the day on which and manner in which it has been executed, or the reason why it has not been executed. Given under my hand and the seal of the Court, this . . . . . . . . . day of . . . . . . . 19 . . . ., Judge. Decree Principal 221 Interest Costs Execution Total No. 14 Warrant of Commital of Judgment-Debtor to Jail (O. 21, R. 40) (Title) To The Officer in charge of the Jail at Whereas . . . . . . . who has been brought before this Court this . . . . . . . . . day of . . . . . . . . . 19 . . . ., under a warrant in execution of a decree which was made and pronounced by the said Court on the . . . . . . . . . day of . . . . . . . 19 . . . ., and by which decree it was ordered that the said . . . . . . . should pay . . . . . . . ; And whereas the said . . . . . . . has not obeyed the decree nor satisfied the Court that he is entitled to be discharged from custody; You are hereby commanded and required to take and receive the said . . . . . . . into the civil prison and keep him imprisoned therein for a period not exceeding . . . . . . . or until the said decree shall be fully satisfied, or the said . . . . . . . . . . shall be otherwise entitled to be released according to terms and provisions of Section 58 of the Code of Civil Procedure, 1908; and the Court does hereby fix [478]* * * per diem as the rate of the monthly allowance for the subsistence of the said . . . . . . . during his confinement under this warrant of committal. Given under my hand and the seal of the Court, this . . . . . . . . . day of . . . . . . . 19 . . . ., Judge. No. 15 Order for the Release of a Person Imprisoned in Execution of a Decree (Sections 58, 59) (Title) To o The Officer in charge of the Jail at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Under orders passed this day, you are hereby directed to set free . . . . . . . judgment-debtor now in your custody. dated. . . . . . . . . . . . . Judge. No. 16 Attachment in Execution Prohibitory Order, where the Property to be Attached Consists of Movable Property to which the Defendant is Entitled Subject to a lien or Right of some other Person to the Immediate Possession thereof (O. 21, R. 46) (Title) To 222 Whereas . . . . . . . . . . . . . . has failed to satisfy a decree passed against . . . . . . . on the . . . . . . . . . day of . . . . . . . 19 . . . ., in Suit No. . . . . . . . . . . . of 19 . . . . ., in favour of . . . . . . . for Rs. . . . . . . . ; It is ordered that the defendant be, and is hereby, prohibited and restrained until the further order of this Court, from receiving from . . . . . . . the following property in the possession of the said, . . . . . . . that is to say, . . . . . ., to which the defendant is entitled, subject to any claim of the said . . . . . . ., and the said . . . . . . . is hereby prohibited and restrained, until the further order of this Court, from delivering the said property to any person or persons whomsoever. Given under my hand and the seal of the Court, this . . . . . . . . . day of . . . . . . . 19 . . . ., Judge. [479][No. 16A Affidavit of Assets to be made by a Judgment-debtor Order XXI, Rule 41(2)] In the Court of A.B . . . . . . . . . Decree-holder. vs. C . . . . . . . . Judgment-debtor. I . . . . . . . . . . . . . . . . . . . . . . . of state onEroman{{oath} over {solemn affirmation}} as follows:—