Wednesday, 23 January 2019

EXECUTION OF DECREE

.......... EXECUTION OF DECREE................
sections 36 to 74, Order 21.
"when a person obtains a decree from a court of law against another person, his next step is to get the decree satisfied"
1- COURTS WHICH EXECUTES DECREE 
(i) court which passed decree. (sec 38)
(ii) court to which it transferred. (sec 38)
> Powers. (sec 42)
(a) transfer to another court (39)
(b) appointment of legal representativ.
(c) correct clerical mistakes(152)
(d) recognise the assignment(21-16)
(e) grant leave (21-50)
(f) give notice of attachment(21-53)
> within province (39)
> other province (40) 
> foreign court decree (44-A)
(iii) execution by high court itself(21-9)
2- APPLICATION FOR EXECUTION.
(order 21 rules 10 to 17)
(i) application may be oral or written (21-11)
(ii) application for execution by joint decree
holders (21-15)
> Issuance of notice (r. 23) 
> objection as to execution (r. 23-A)
> stay of execution (26)
3- KINDS OF DECREE AS FOR EXECUTION.
(ii) Decree for payment of money (r. 30) 
(detention or attachment or both)
(ii) Decree for specific immovable property31
(detention or attachment or both)
(iii) Decree for specific performance (32)
> contract
> restitution of conjugal rights.
> for injunctions 
(iv) Decree for execution of documents or
endorsement of negotiable instrument.
(v) Decree forimmovable property(r. 35)
4- MODES OF EXECUTION OF DECREE.
(section 55)
(i) By delivery of any property specially
decreed.
(ii) Attachment and Sale
(sec 60-64, rules 41 to 57)
(iii) Arrest and Detention (55 to 59)
(iv) Sale of Property
> General (64-73)
> moveable (74-81)
> immovable (82).
........................ CONCLUSION..

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