Appendix APPENDIX E. APPENDIX E
EXECUTION No. 1 NOTICE TO SHOW CAUSE WHY A PAYMENT OR ADJUSTMNET SHOULD NOT BE RECORDED AS CERTIFIED (O. 21, r.2) (Title) To 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 show cause why the Payment/ Adjustment aforesaid should not be recorded as certified. Given under my hand and the seal of the Court, this of 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 decree- holder for execution of the decree. Dated the day of 19 , Judge
No. 3 ORDER SENDING DECREE FOR EXECUTION TO ANOTHER COURT (O. 21, r. 6) (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 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-SATISFICATION OF DECREE, (O. 21, r.6) (Title) CERTIFIED that no
(1) 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 . Judge
(1) If partial, strike out "no" and state to what extent.
NO. 5 CERTIFICATE OF EXECUTION OF DECREE TRANSFERRED TO ANOTHER COURT (O. 21, r. 6) (Title) Date of application for Number of suit and the Court by which decree was passed. Costs of execution. Process issued and Names of parties. Amount realized. How the case is dates of service execution case. Number of the disposed of. execution. Remarks. thereof. 1 2 3 4 5 6 7 8 9 Rs. a.p Rs. a.p. Signature of Muharrir in charge. Signature of Judge NO. 6 APPLICATION FOR EXECUTION OF DECREE. (0.21, r. 11) in the Court of I , decree-holder, hereby apply for execution of the decree herein below set forth:
Whether any appeal preferred from decree. Amount with interest duer upon the decree Previous application, if any, with date and or other relief granted thereby together Payment or adjustment made, if any. with particulars 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. Names of parties. Date of decree. No. of suit. result. 1 2 3 4 5 6 7 8 9 10 [When attachment and sale of moveable property is sought] 8 2 0 47 10 4 55 12 4 Rs. A.P. Rs. 314-8-2 principal [interest at 6 per cent per annum, from date of decree till I pray that the total amount of Rs. [together with interest on the principal sum up to date of payment] and the costs of taking out this execution, be realized by attachment and sale of Total defendant`s moveable property as per annexed list and paid to me. .. .. Rs. 72-4 recorded on application, dated the 4th March. 1899 [When attachment and sale of immoveable property is sought.] .. .. .. .. 789 of 1897 I pray that the total amount of Rs. [together with interest on the principal sum up to date of .. .. payment] and the costs of taking out this execution be realized by the attachment and sale of defendant's immoveable property specified at .. .. .. .. the foot of this application and paid to me. Against the defendant C.D. .. .. As awarded in the decree Subsequently incurred 11th, 1897 . . A.B- Plaintiff .. C.D- Defendant .. payment]. October None No. .. .. .. .. .. 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 , 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 land 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. 1[(0.21, 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 been transferred to him by 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 OF MOVEABLE PROPERTY IN EXECUTION OF A DECREE FOR MONEY (0.21, r. 30) (Title) To The Bailiff of the Court. 1 Subs. by the Repealing and Amending Act, 1914 (10 of 1914), s.2 and First Sch., for “(O.21, r.22)”. 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 moveable property of the said as set forth the on 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 costs of this attachment, to hold the same until further orders from this Court. Decree Principal .. Interest Cost.. Costs of execution Further interest Total 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, Schedule Judge
No.9 WARRANT FOR SEIZURE OF SPECIFIC MOVEABLE PROPERTY ADJUDGED BY DECREE. (0. 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 moveable property (or a share in the moveable 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 moveable property (or a share of the said moveable property) and to deliver it to the plaintiff or to such person as he may appoint in his behalf. GIVEN under my hand and the seal of the Court, this day of 19 . Schedule Judge No.10 NOTICE TO STATE OBJECTlONS 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 appli- cation to this Court that the Court may execute on your behalf a deed of , whereof a draft is hereunto annexed, of the immoveable 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 objection 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 BAILIFF TO GIVE POSSESSION OF LAND, ETC. (O. 21, r. 35) (Title) To The Bailiff of the Court. WHEREAS the under mentioned 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 1[* *] 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 costs 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 .. Interest .. Cost .. Execution .. Total
1 Omitted by Act XIV of 1994, s. 11. No. 14 WARRANT OF COMMITTAL OF JUDGEMENT-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 1 [* * *] commanded and required to take and receive the said into 2[**] 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 the terms and provisions of section 58 of the Code of Civil Procedure, 1908 2[* * * * *]. GIVEN under my signature add 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 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
1 The word and “commas in the name of the KingEmperor of India,”have been omitted by A.O. 1961, Art.2 and Sch., (with effect from the 23rd March, 1956). 2Omitted by Act XIV of 1994, s. 11. 2 Omitted by Act XIV of 1994, s.11. No. 16 ATTACHMENT IN EXECUTION PROHIBITORY ORDER, WHERE THE PROPERTY TO BE ATTACHED CONSISTS OF MOVEABLE PROPERTY TO WHICH THE DEFENDANT IS ENTITLED SUBIECT TO A LIEN OR RIGHT OF SOME OTHER PERSON TO THE IMMEDIATE POSSESSION THEREOF. (O. 21, r. 46) (Title) To 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
No. 17 ATTACHMENT IN EXECUTION PROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF DEBTS NOT SECURED BY NEGOTIABLE INSTRUMENTS. (O. 21, r. 46) (Title) To 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 ordered that the defendant be, and is hereby, prohibited and restrained, until the further order of this Court, from receiving from you a certain debt alleged now to be due from you to the said defendant, namely, and that you, the said , be, and you are hereby, prohibited and restrained, until the further order of this Court from making payment of the said debt, or any part thereof, to any person, whomsoever or otherwise than into this Court. GIVEN under my hand and the seal of the Court, this day of 19 . Judge No. 18 ATTACHMENT IN EXECUTION PROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF SHARES IN THE CAPITAL OF A CORPORATION. (O. 21, r. 46) (Title) To Defendant and to Secretary of Corporation, 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 you, the defendant, be, and you are hereby, prohibited and restranied, until the further order of this Court, from making any transfer of shares in the aforesaid Corporation, namely, ,or from receiving payment of any dividends thereon; and you, ,the Secretary of the said Corporation, are hereby prohibited and restrained from permitting any such transfer or making any such payment. GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No. 19 ORDER TO ATTACH SALARY OF PIBLIC OFFICER OR SERVANT OF RAILWAY COMPANY OR LOCAL AUTHORITY. (O. 21, r. 48) (Title) TO WHEREAS Judgment-debtor in the above-named case, is a (describe office of judgment-debtor) receivinig his salary (or allowance) at your hands; and whereas , decree- holder in the said case, has applied in this Court for the attachment of the salary (or allowances) of the said to the extent of due to him under the decree; You are hereby required to withhold the said sum of from the salary of the said in monthly instalments of ,and to remit the said sum (or monthly instalments) to this Court. GIVEN under my hand and the seal of the Court; this day of 19 . Judge
No. 20 ORDER OF ATACHMENT OF NEGOTIABLE INSTRUMENT. (O. 21, r. 51 ) (Title) To The Bailiff of the Court. WHERBAS an order has been passed by this Court on the day of 19 , for the attachment of ;You are hereby directed to seize the said and bring the same into Court. GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No. 21 ATTACHMENT PROHIBITORY ORDER WHERE THE PROPERTY CONSISTS OF MONEY OR OF ANY SECURITY IN THE CUSTODY OF A COURT OF JUSTICE OR 1[PUBLIC OFFICER]. (O. 21, r. 52) (Title) To SIR, The plaintiff having applied, under rule 52 of Order XXI of the Code of Civil Procedure1908, for an attachment of certain money now in your hands (here state how the money is supposed to be in the hands of the person addressed on what account, etc.), I request that you will hold the said money of subject to the further order of this Court I have the honour to be, SIR. Your most obedient Servant, Judge Dated the day of 19 .
1 Subs. by A.O., 1937, for “officer of Government”. No. 22 NOTICE OF ATTACHMENT OF A DECREE TO THE COURT WHICH PASSED IT. (O. 21, r. 53) (Title) To The Judge of the Court of SIR, I have the honour to inform you that the decree obtained in your Court on the day of 19 , by in Suit No. of 19 , in which he was and was has been attached by this Court on the application of the in the suit specified above. You are therefore requested to stay the execution of the decree of your Court until you receive an intimation from this Court that the present notice has been cancelled or until execution of the said decree is applied for by the holder of the decree now sought to be executed or by his judgment-debtor. I have the honour, etc., Judge Dated the day of 19 .
No. 23 NOTICE OF ATTACHMENT OF A DECREE TO THE HOLDER OF THE DECREE. (O. 21, r. 53) (Title) To WHEREAS an applitation has been made in this Court by the decree-holder in the above suit for the attachment of a decree obtained by you on the day of 19 ,in the Court of in Suit No. of 19 , in which was and was ; It is ordered that you, the said , be, and you are hereby, prohibited and restrained, until the further order of this Court, from transferring or charging the same in any way. GIVEN under my hand and the seal of the Court, this day of 19. Judge
No. 24 ATTACHMENT IN EXECUTION PROHIBITORY ORDER WHERE THE PROPERTY CONSISTS OF IMMOVEABLE PROPERTY (O. 21, r. 54) (Title) To Defendant. WHEREAS you have failed to satisfy a decree passed against you on the day of 19 , in Suit No. of 19 , in favour of for Rs. ; It is ordered that you, the said , be, and you are hereby, prohibited and restrained, until the further order of this Court, from transferring or charging the property specified in the schedule hereunto annexed, by sale, gift or otherwise, and that all person be, and that they are hereby, prohibited from receiving the same by purchase, gift or otherwise. GIVEN under my hand and the seal of the Court, this day of 19 . Schedule Judge
No. 25 PLAINTIFF, ETC., OF MONEY, E.T.C. IN THE HANDS OF A THIRD PARTY. (O. 21, r. 56) (Title) To WHEREAS the following property has been attached in execution of a decree in Suit No. of 19 ,passed on the day of 19 , in favour of for Rs. ; it is ordered that the property so attached, consisting of Rs. in money and Rs. in currency-notes, or a sufficient part thereof to satisfy the said decree, shall be paid over by you, the said to . GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No. 26 NOTICE TO ATTACHING CREDITOR. (O. 21, r. 58) (Title) To WHEREAS has made application to this Court for the removal of attachment on placed at your instance in execution of the decree in Suit No. of 19 , this is to give you notice to appear before this Court on , the day of 19 , either in person or by a pleader of the Court duly instructed to support your claim, as attaching creditor. GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No. 27 WARRANT OF SALE OF PROPERTY IN EXECUTION OF A DECREE FOR MONEY (O. 21, r, 66) (Title) To, The Bailiff of the Court. THESE are to command you to selI by auction, after giving days previous notice, by affixing the same in this Court-house, and after making due proclamation, the property attached under a warrant from this Court, dated the day of 19 ,in execution of a decree in favour of in Suit No. of 19 , or so much of the said property as shall realize the sum of Rs. , being the of the said decree and costs still remaining unsatisfied. You are further commanded to return this warrant on or before the day of 19 , with an endorsement certifying the 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
No. 28. NOTICE OF THE DAY FIXED FOR SETTLING A SALE PROCLAMATION (O. 21, r. 66) (Title) To the decree Judgment-debtor WHEREAS in the above-named suit , holder, has applied for the sale of ; You are hereby informed that the day of 19 has been fixed for settling the terms of the proclamation of sale. GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No. 29 PROCLAMATION OF SALE, (O. 21, r. 66) (Title) Notice is hereby given that, under rule 64 of Order XXI of the Code of Civil Procedure, 1908, an order has been passed by this Court for the sale of
(1) Suit No. of the attached property mentioned in the annexed 19 ,decided by the schedule, in satisfaction of the claim of the decree of in which holder in the suit
(1) mentioned in the margin was plaintiff and amounting with costs and interest up to date of was defendant sale to the sum of. The sale will be by public auction, and the property will be put up for sale in the lots specified in the schedule. The sale will be of the property of the judgment-debtors above-named as mentioned in the schedule below ; and the liabilities and claims attaching to the said property, so far as they have been ascertained, are those specified in the schedule against each lot. In the absence of any order of postponement, the sale will be held by at the monthly sale commencing at o'clock on the at . In the event, however, of the debt above specified and of the costs of sale being tendered or paid before the knocking down of any lot, the sale will be stopped. At the sale the public generally are invited to bid, either personally or by duly authorised agent. No bid by, or on behalf of, the judgment-creditors above-mentioned, however, will be accepted, nor will any sale to them be valid without the express permission of the Court previously given. The following are the further. Conditions of Sale 1. The particulars specified in the schedule below have been stated to the best of the information of the Court, but the Court will not be answerable for any error, mis-statement or omission in this proclamation. 2. The amount by which the biddings are to be increased shall be determined by the officer conducting the sale. In the event of any dispute arising as to the amount bid, or as to the bidder, the lot shall at once be again put up to auction. 3. The highest bidder shall be declared to be the purchaser of any lot, provided always that he is legally qualified to bid, and provided that it shall be in the discretion of the Court or officer holding the sale to decline acceptance of the highest bid when the price offered appears so clearly inadequate as to make it advisable to do so. 4. For reasons recorded, it shall be in the discretion of the officer conducting the sale to adjourn it subject always to the provisions of rule 69 of Order XXI. 5. In the case of moveable property, the price of each lot shall be paid at the time of sale or as soon after as the officer holding the sale directs, and in default of payment the property shall forthwith be again put up and re-sold. 6. In the case of immoveable property, the person declared to be the purchaser shall pay immediately after such declaraticn a deposit 25 per cent on the amount of his purchase-money to the officer conducting the sale, and in default of such deposit the property shall forthwith be put up again and re-sold. 7. The full amount of the purchase-money shall be paid by the purchaser before the Court closes on the fifteenth day after the sale of the property, exclusive of such day, or if the fifteenth day be a Sunday or other holiday, then on the first office day after the fifteenth day. 8. In default of payment of the balance of purchase-money within the period allowed, the propetty shall be re-sold after the issue of a fresh notification of sale. The deposit, after defraying the expenses of the sale, may, if the Court thinks fit, be forfeited to Governrnent and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may be subsquently sold. GIVEN under my hand and the seal of the Court, this day of 19 . Judge Schedule of Property No. of Description of The revenue Detail of any Claims, if any, which lot property to be sold, assessed upon the incumbrances to have been put forward with the name of each estate or part of which the to the property and owner where there are the estate if the property is liable. any other known more judgment property to be particulars bearing on debtors than one. sold is an interest its nature and value. in an estate or a part of an estate paying revenue to Government.
No. 30 ORDER ON THE NAZIR FOR CAUSING SERVICE OF PROCLAMATION OF SALE (O. 21, r. 66) (Title) To The Nazir of the Court. WHEREAS an order has been made for the sale of the property of the judgment-debtor specified in the schedule hereunder annexed, and whereas the day of 19 , has been fixed for the sale of the said property copies of the proclamation of sale are by this warrant made over to you, and you are hereby ordered to have the proclamation published by beat of drum within each of the properties specified in the said schedule, to affix a copy of the said proclamation on a conspicuous part of each of the said properties and afterwards on the Court-house, and then to submit to this Court a report showing the dates on which and the manner in which the proclamations have been published. Dated the day of 19 . Schedule Judge
No. 31 CERTIFICATE BY OFFICER HOLDING A SALE OF THE DEFICIENCY OF PRICE ON A RE-SALE OF PROPERTY BY REASON OF THE PURCHASER'S DEFAULT. (O. 21, r.71) (Title) Certified that at the re-sale of the property in execution of the decree in the above-named suit, in consequence of default on the part of , purchaser there was a deficiency the price of the said property amounting to Rs. , and that the expenses attending such resale amounted to Rs. , making a total of Rs. , which sum is recoverable from the defaulter. Dated the day of 19 . Officer holding the sale
No. 32 NOTICE TO PERSON IN POSSESSION OF MOVEABLE PROPERTY SOLD IN EXECUTION (O, 21, r. 79) (Title) To WHEREAS has become the purchaser at a public sale in execution of the decree in the above suit of now in your possession, you are hereby prohibited from delivering possession of the said to any person except the said . GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No. 33 PROHIBITORY ORDER AGAINST PAYMENT OF DEBTS SOLD IN EXECUTING TO ANY OTHER THAN THE PURCHASER. (O. 21, r. 79) (Title) To and to WHEREAS has become the purchaser at a public sale in execution of the decree in the above suit of being debts due from you to you ; It is ordered that you be, and you are hereby, prohibited from reciving, and you from making payment of, the said debt to any person or persons except the said GIVEN under the hand and seal of the Court, this day of 19 . Judge
No. 34 PROHIBITORY ORDER AGAINST THE TRANSFER OF SHARE SOLD IN EXECUTION. (O.21, r. 79). (Title) To and , Secretary of Corporation. WHEREAS has become the purchaser at a public sale in execution of the decree, in the above suit, of certain shares in the above Corporation, that is to say, of standing in the name of you ;It is ordered that you be, and you hereby, prohibited from making any transfer of the said shares to any person except the said the purchaser aforesaid, or from receiving any dividends thereon ; and you , Secretary of the said Corporation from permitting any such transfer or making any such payment to any person, except the said the purchaser aforesaid. GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No. 35 CERTIFICATE TO JUDGMENT-DEBTOR AUTHORISING HIM TO MORTGAGE, LEASE OR SELL PROPERTY, (O. 21, r. 83 ). (Title) WHEREAS in execution of the decree passed in the above suit an order was made on the day of 19 , for the sa1e of the under-mentioned property of the judgment-debtor ,and whereas the Court has, on the application of the said judgment-debtor, postponed the said sale to enable him to raise the amount of the decree by mortgage, lease or private sale of the said property or of some part thereof : This is to certify that the Court doth hereby authorise the said judgment-debtor to make the proposed mortgage, lease or sale within a period of from the date of this certificate ; provided that all monies payable under such mortgage, lease or sale shall be paid into this Court and not to the said judgment-debtor. Description of property GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No. 36 CAUSE WHY SALE SHOULD NOT BE SET ASIDE. (O. 21, rr. 90, 92 ) (Title) To WHEREAS the under-mentioned property was sold on the day of 19 , in execution of the decree passed in the above-named suit, and whereas , the decree-holder [or judgment-debtor], has applied to this Court to set aside the sale of the said property on the ground of a material irregularity [or fraud] in publishing [or conducting] the sale, namely that Take notice that if you have any cause to show why the said application should not be granted you should appear with your proofs in this Court on the day of 19 , when the said application will be heard and determined. GIVEN under my hand and the seal of the Court, this day of 19 . Description of property Judge
No. 37 NOTICE TO SHOW CAUSE WHY SALE SHOULD NOT BE SET ASIDE. (O 21, rr. 90, 92) (Title) To WHEREAS , the purchaser of the under-mentioned property sold on the day of 19 , in execution of the decree passed in the above-named suit, has applied to this Court to set aside the sale of the said property on the ground that ,the judgment-debtor, had no saleable interest therein: Take notice that if you have any cause to show why the said application should not be granted, you should appear with your proofs in this Court on the day of 19 ,when the said application will be heard and determined. GIVEN under my hand and the seal of the Court, this day of 19 . Description of property Judge
No. 38 CERTIFICATE OF SALE OF LAND. (O. 21, r. 94) (Title) THIS is to certify that has been declared the purchaser at a sale by public auction on the day of 19 , of in execution of decree in this suit, and that the said sale has been-duly confirmed by this Court. GIVEN under my hand and the seal of the Court, this day of 19 , Judge
No. 39 ORDER FOR DELIVERY TO CERTIFIED PURCHASER OF LAND AT A SALE IN EXECUTION. (O. 21, r. 95) (Title) To The Bailiff of the Court. WHEREAS has become the certified purchaser of at a sale in execution of decree in suit No. of 19 ; You are hereby ordered to put the said ; the certified purchaser, as aforesaid, in possession of the same. GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No. 40 SUMMONS TO APPEAR AND ANSWER CHARGE OF OBSTRUCTING EXECUTION OF DECREE. (O. 21, r. 97) (Title) To WHEREAS , the decree-holder in the above suit, has complained to this Court that you have resisted (or obstructed) the officer charged with the execution of the warrant for possession : You are hereby summoned to appear in this Court on the day of 19 at A.M., to answer the said complaint. GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No. 41 WARRANT OF COMMITAL. (O. 21, r.98) (Title) To The Officer in Charge of the Jail at WHEREAS the under-mentioned property has been decreed to ,the plaintiff in this suit, and whereas the Court is satisfied that without any just cause resisted [or obstructed] and is still resisting [or obstructing] the said in obtaining possession of the property, and whereas the said has made application to this Court that the said be committed to 1[* *] prison; You are hereby commanded and required to take and receive the said into 1 [* *] prison and to keep him imprisoned therein for the period of days. GIVEN under my hand and the seal of the Court, this day of 19 . Judge.
No. 42 AUTHORITY OF THE COLLECTOR TO STAY PUBLIC SALE OF LAND, (Section 72) (Title) To , Collector of . SIR, In answer to your communication No. , dated representing that the sale in execution of the decree in this suit of land situate within your district is objectionable, I have the honour to inform you that you are authorised to make provision for the satisfaction of the said decree in the manner recommended by you. I have the honour to be SIR, Your obedient servant, Judge 1 Omitted by Act. XIV of 1994, s.11.
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 decree- holder for execution of the decree. Dated the day of 19 , Judge
No. 3 ORDER SENDING DECREE FOR EXECUTION TO ANOTHER COURT (O. 21, r. 6) (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 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-SATISFICATION OF DECREE, (O. 21, r.6) (Title) CERTIFIED that no
(1) 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 . Judge
(1) If partial, strike out "no" and state to what extent.
NO. 5 CERTIFICATE OF EXECUTION OF DECREE TRANSFERRED TO ANOTHER COURT (O. 21, r. 6) (Title) Date of application for Number of suit and the Court by which decree was passed. Costs of execution. Process issued and Names of parties. Amount realized. How the case is dates of service execution case. Number of the disposed of. execution. Remarks. thereof. 1 2 3 4 5 6 7 8 9 Rs. a.p Rs. a.p. Signature of Muharrir in charge. Signature of Judge NO. 6 APPLICATION FOR EXECUTION OF DECREE. (0.21, r. 11) in the Court of I , decree-holder, hereby apply for execution of the decree herein below set forth:
Whether any appeal preferred from decree. Amount with interest duer upon the decree Previous application, if any, with date and or other relief granted thereby together Payment or adjustment made, if any. with particulars 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. Names of parties. Date of decree. No. of suit. result. 1 2 3 4 5 6 7 8 9 10 [When attachment and sale of moveable property is sought] 8 2 0 47 10 4 55 12 4 Rs. A.P. Rs. 314-8-2 principal [interest at 6 per cent per annum, from date of decree till I pray that the total amount of Rs. [together with interest on the principal sum up to date of payment] and the costs of taking out this execution, be realized by attachment and sale of Total defendant`s moveable property as per annexed list and paid to me. .. .. Rs. 72-4 recorded on application, dated the 4th March. 1899 [When attachment and sale of immoveable property is sought.] .. .. .. .. 789 of 1897 I pray that the total amount of Rs. [together with interest on the principal sum up to date of .. .. payment] and the costs of taking out this execution be realized by the attachment and sale of defendant's immoveable property specified at .. .. .. .. the foot of this application and paid to me. Against the defendant C.D. .. .. As awarded in the decree Subsequently incurred 11th, 1897 . . A.B- Plaintiff .. C.D- Defendant .. payment]. October None No. .. .. .. .. .. 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 , 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 land 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. 1[(0.21, 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 been transferred to him by 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 OF MOVEABLE PROPERTY IN EXECUTION OF A DECREE FOR MONEY (0.21, r. 30) (Title) To The Bailiff of the Court. 1 Subs. by the Repealing and Amending Act, 1914 (10 of 1914), s.2 and First Sch., for “(O.21, r.22)”. 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 moveable property of the said as set forth the on 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 costs of this attachment, to hold the same until further orders from this Court. Decree Principal .. Interest Cost.. Costs of execution Further interest Total 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, Schedule Judge
No.9 WARRANT FOR SEIZURE OF SPECIFIC MOVEABLE PROPERTY ADJUDGED BY DECREE. (0. 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 moveable property (or a share in the moveable 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 moveable property (or a share of the said moveable property) and to deliver it to the plaintiff or to such person as he may appoint in his behalf. GIVEN under my hand and the seal of the Court, this day of 19 . Schedule Judge No.10 NOTICE TO STATE OBJECTlONS 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 appli- cation to this Court that the Court may execute on your behalf a deed of , whereof a draft is hereunto annexed, of the immoveable 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 objection 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 BAILIFF TO GIVE POSSESSION OF LAND, ETC. (O. 21, r. 35) (Title) To The Bailiff of the Court. WHEREAS the under mentioned 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 1[* *] 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 costs 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 .. Interest .. Cost .. Execution .. Total
1 Omitted by Act XIV of 1994, s. 11. No. 14 WARRANT OF COMMITTAL OF JUDGEMENT-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 1 [* * *] commanded and required to take and receive the said into 2[**] 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 the terms and provisions of section 58 of the Code of Civil Procedure, 1908 2[* * * * *]. GIVEN under my signature add 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 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
1 The word and “commas in the name of the KingEmperor of India,”have been omitted by A.O. 1961, Art.2 and Sch., (with effect from the 23rd March, 1956). 2Omitted by Act XIV of 1994, s. 11. 2 Omitted by Act XIV of 1994, s.11. No. 16 ATTACHMENT IN EXECUTION PROHIBITORY ORDER, WHERE THE PROPERTY TO BE ATTACHED CONSISTS OF MOVEABLE PROPERTY TO WHICH THE DEFENDANT IS ENTITLED SUBIECT TO A LIEN OR RIGHT OF SOME OTHER PERSON TO THE IMMEDIATE POSSESSION THEREOF. (O. 21, r. 46) (Title) To 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
No. 17 ATTACHMENT IN EXECUTION PROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF DEBTS NOT SECURED BY NEGOTIABLE INSTRUMENTS. (O. 21, r. 46) (Title) To 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 ordered that the defendant be, and is hereby, prohibited and restrained, until the further order of this Court, from receiving from you a certain debt alleged now to be due from you to the said defendant, namely, and that you, the said , be, and you are hereby, prohibited and restrained, until the further order of this Court from making payment of the said debt, or any part thereof, to any person, whomsoever or otherwise than into this Court. GIVEN under my hand and the seal of the Court, this day of 19 . Judge No. 18 ATTACHMENT IN EXECUTION PROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF SHARES IN THE CAPITAL OF A CORPORATION. (O. 21, r. 46) (Title) To Defendant and to Secretary of Corporation, 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 you, the defendant, be, and you are hereby, prohibited and restranied, until the further order of this Court, from making any transfer of shares in the aforesaid Corporation, namely, ,or from receiving payment of any dividends thereon; and you, ,the Secretary of the said Corporation, are hereby prohibited and restrained from permitting any such transfer or making any such payment. GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No. 19 ORDER TO ATTACH SALARY OF PIBLIC OFFICER OR SERVANT OF RAILWAY COMPANY OR LOCAL AUTHORITY. (O. 21, r. 48) (Title) TO WHEREAS Judgment-debtor in the above-named case, is a (describe office of judgment-debtor) receivinig his salary (or allowance) at your hands; and whereas , decree- holder in the said case, has applied in this Court for the attachment of the salary (or allowances) of the said to the extent of due to him under the decree; You are hereby required to withhold the said sum of from the salary of the said in monthly instalments of ,and to remit the said sum (or monthly instalments) to this Court. GIVEN under my hand and the seal of the Court; this day of 19 . Judge
No. 20 ORDER OF ATACHMENT OF NEGOTIABLE INSTRUMENT. (O. 21, r. 51 ) (Title) To The Bailiff of the Court. WHERBAS an order has been passed by this Court on the day of 19 , for the attachment of ;You are hereby directed to seize the said and bring the same into Court. GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No. 21 ATTACHMENT PROHIBITORY ORDER WHERE THE PROPERTY CONSISTS OF MONEY OR OF ANY SECURITY IN THE CUSTODY OF A COURT OF JUSTICE OR 1[PUBLIC OFFICER]. (O. 21, r. 52) (Title) To SIR, The plaintiff having applied, under rule 52 of Order XXI of the Code of Civil Procedure1908, for an attachment of certain money now in your hands (here state how the money is supposed to be in the hands of the person addressed on what account, etc.), I request that you will hold the said money of subject to the further order of this Court I have the honour to be, SIR. Your most obedient Servant, Judge Dated the day of 19 .
1 Subs. by A.O., 1937, for “officer of Government”. No. 22 NOTICE OF ATTACHMENT OF A DECREE TO THE COURT WHICH PASSED IT. (O. 21, r. 53) (Title) To The Judge of the Court of SIR, I have the honour to inform you that the decree obtained in your Court on the day of 19 , by in Suit No. of 19 , in which he was and was has been attached by this Court on the application of the in the suit specified above. You are therefore requested to stay the execution of the decree of your Court until you receive an intimation from this Court that the present notice has been cancelled or until execution of the said decree is applied for by the holder of the decree now sought to be executed or by his judgment-debtor. I have the honour, etc., Judge Dated the day of 19 .
No. 23 NOTICE OF ATTACHMENT OF A DECREE TO THE HOLDER OF THE DECREE. (O. 21, r. 53) (Title) To WHEREAS an applitation has been made in this Court by the decree-holder in the above suit for the attachment of a decree obtained by you on the day of 19 ,in the Court of in Suit No. of 19 , in which was and was ; It is ordered that you, the said , be, and you are hereby, prohibited and restrained, until the further order of this Court, from transferring or charging the same in any way. GIVEN under my hand and the seal of the Court, this day of 19. Judge
No. 24 ATTACHMENT IN EXECUTION PROHIBITORY ORDER WHERE THE PROPERTY CONSISTS OF IMMOVEABLE PROPERTY (O. 21, r. 54) (Title) To Defendant. WHEREAS you have failed to satisfy a decree passed against you on the day of 19 , in Suit No. of 19 , in favour of for Rs. ; It is ordered that you, the said , be, and you are hereby, prohibited and restrained, until the further order of this Court, from transferring or charging the property specified in the schedule hereunto annexed, by sale, gift or otherwise, and that all person be, and that they are hereby, prohibited from receiving the same by purchase, gift or otherwise. GIVEN under my hand and the seal of the Court, this day of 19 . Schedule Judge
No. 25 PLAINTIFF, ETC., OF MONEY, E.T.C. IN THE HANDS OF A THIRD PARTY. (O. 21, r. 56) (Title) To WHEREAS the following property has been attached in execution of a decree in Suit No. of 19 ,passed on the day of 19 , in favour of for Rs. ; it is ordered that the property so attached, consisting of Rs. in money and Rs. in currency-notes, or a sufficient part thereof to satisfy the said decree, shall be paid over by you, the said to . GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No. 26 NOTICE TO ATTACHING CREDITOR. (O. 21, r. 58) (Title) To WHEREAS has made application to this Court for the removal of attachment on placed at your instance in execution of the decree in Suit No. of 19 , this is to give you notice to appear before this Court on , the day of 19 , either in person or by a pleader of the Court duly instructed to support your claim, as attaching creditor. GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No. 27 WARRANT OF SALE OF PROPERTY IN EXECUTION OF A DECREE FOR MONEY (O. 21, r, 66) (Title) To, The Bailiff of the Court. THESE are to command you to selI by auction, after giving days previous notice, by affixing the same in this Court-house, and after making due proclamation, the property attached under a warrant from this Court, dated the day of 19 ,in execution of a decree in favour of in Suit No. of 19 , or so much of the said property as shall realize the sum of Rs. , being the of the said decree and costs still remaining unsatisfied. You are further commanded to return this warrant on or before the day of 19 , with an endorsement certifying the 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
No. 28. NOTICE OF THE DAY FIXED FOR SETTLING A SALE PROCLAMATION (O. 21, r. 66) (Title) To the decree Judgment-debtor WHEREAS in the above-named suit , holder, has applied for the sale of ; You are hereby informed that the day of 19 has been fixed for settling the terms of the proclamation of sale. GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No. 29 PROCLAMATION OF SALE, (O. 21, r. 66) (Title) Notice is hereby given that, under rule 64 of Order XXI of the Code of Civil Procedure, 1908, an order has been passed by this Court for the sale of
(1) Suit No. of the attached property mentioned in the annexed 19 ,decided by the schedule, in satisfaction of the claim of the decree of in which holder in the suit
(1) mentioned in the margin was plaintiff and amounting with costs and interest up to date of was defendant sale to the sum of. The sale will be by public auction, and the property will be put up for sale in the lots specified in the schedule. The sale will be of the property of the judgment-debtors above-named as mentioned in the schedule below ; and the liabilities and claims attaching to the said property, so far as they have been ascertained, are those specified in the schedule against each lot. In the absence of any order of postponement, the sale will be held by at the monthly sale commencing at o'clock on the at . In the event, however, of the debt above specified and of the costs of sale being tendered or paid before the knocking down of any lot, the sale will be stopped. At the sale the public generally are invited to bid, either personally or by duly authorised agent. No bid by, or on behalf of, the judgment-creditors above-mentioned, however, will be accepted, nor will any sale to them be valid without the express permission of the Court previously given. The following are the further. Conditions of Sale 1. The particulars specified in the schedule below have been stated to the best of the information of the Court, but the Court will not be answerable for any error, mis-statement or omission in this proclamation. 2. The amount by which the biddings are to be increased shall be determined by the officer conducting the sale. In the event of any dispute arising as to the amount bid, or as to the bidder, the lot shall at once be again put up to auction. 3. The highest bidder shall be declared to be the purchaser of any lot, provided always that he is legally qualified to bid, and provided that it shall be in the discretion of the Court or officer holding the sale to decline acceptance of the highest bid when the price offered appears so clearly inadequate as to make it advisable to do so. 4. For reasons recorded, it shall be in the discretion of the officer conducting the sale to adjourn it subject always to the provisions of rule 69 of Order XXI. 5. In the case of moveable property, the price of each lot shall be paid at the time of sale or as soon after as the officer holding the sale directs, and in default of payment the property shall forthwith be again put up and re-sold. 6. In the case of immoveable property, the person declared to be the purchaser shall pay immediately after such declaraticn a deposit 25 per cent on the amount of his purchase-money to the officer conducting the sale, and in default of such deposit the property shall forthwith be put up again and re-sold. 7. The full amount of the purchase-money shall be paid by the purchaser before the Court closes on the fifteenth day after the sale of the property, exclusive of such day, or if the fifteenth day be a Sunday or other holiday, then on the first office day after the fifteenth day. 8. In default of payment of the balance of purchase-money within the period allowed, the propetty shall be re-sold after the issue of a fresh notification of sale. The deposit, after defraying the expenses of the sale, may, if the Court thinks fit, be forfeited to Governrnent and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may be subsquently sold. GIVEN under my hand and the seal of the Court, this day of 19 . Judge Schedule of Property No. of Description of The revenue Detail of any Claims, if any, which lot property to be sold, assessed upon the incumbrances to have been put forward with the name of each estate or part of which the to the property and owner where there are the estate if the property is liable. any other known more judgment property to be particulars bearing on debtors than one. sold is an interest its nature and value. in an estate or a part of an estate paying revenue to Government.
No. 30 ORDER ON THE NAZIR FOR CAUSING SERVICE OF PROCLAMATION OF SALE (O. 21, r. 66) (Title) To The Nazir of the Court. WHEREAS an order has been made for the sale of the property of the judgment-debtor specified in the schedule hereunder annexed, and whereas the day of 19 , has been fixed for the sale of the said property copies of the proclamation of sale are by this warrant made over to you, and you are hereby ordered to have the proclamation published by beat of drum within each of the properties specified in the said schedule, to affix a copy of the said proclamation on a conspicuous part of each of the said properties and afterwards on the Court-house, and then to submit to this Court a report showing the dates on which and the manner in which the proclamations have been published. Dated the day of 19 . Schedule Judge
No. 31 CERTIFICATE BY OFFICER HOLDING A SALE OF THE DEFICIENCY OF PRICE ON A RE-SALE OF PROPERTY BY REASON OF THE PURCHASER'S DEFAULT. (O. 21, r.71) (Title) Certified that at the re-sale of the property in execution of the decree in the above-named suit, in consequence of default on the part of , purchaser there was a deficiency the price of the said property amounting to Rs. , and that the expenses attending such resale amounted to Rs. , making a total of Rs. , which sum is recoverable from the defaulter. Dated the day of 19 . Officer holding the sale
No. 32 NOTICE TO PERSON IN POSSESSION OF MOVEABLE PROPERTY SOLD IN EXECUTION (O, 21, r. 79) (Title) To WHEREAS has become the purchaser at a public sale in execution of the decree in the above suit of now in your possession, you are hereby prohibited from delivering possession of the said to any person except the said . GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No. 33 PROHIBITORY ORDER AGAINST PAYMENT OF DEBTS SOLD IN EXECUTING TO ANY OTHER THAN THE PURCHASER. (O. 21, r. 79) (Title) To and to WHEREAS has become the purchaser at a public sale in execution of the decree in the above suit of being debts due from you to you ; It is ordered that you be, and you are hereby, prohibited from reciving, and you from making payment of, the said debt to any person or persons except the said GIVEN under the hand and seal of the Court, this day of 19 . Judge
No. 34 PROHIBITORY ORDER AGAINST THE TRANSFER OF SHARE SOLD IN EXECUTION. (O.21, r. 79). (Title) To and , Secretary of Corporation. WHEREAS has become the purchaser at a public sale in execution of the decree, in the above suit, of certain shares in the above Corporation, that is to say, of standing in the name of you ;It is ordered that you be, and you hereby, prohibited from making any transfer of the said shares to any person except the said the purchaser aforesaid, or from receiving any dividends thereon ; and you , Secretary of the said Corporation from permitting any such transfer or making any such payment to any person, except the said the purchaser aforesaid. GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No. 35 CERTIFICATE TO JUDGMENT-DEBTOR AUTHORISING HIM TO MORTGAGE, LEASE OR SELL PROPERTY, (O. 21, r. 83 ). (Title) WHEREAS in execution of the decree passed in the above suit an order was made on the day of 19 , for the sa1e of the under-mentioned property of the judgment-debtor ,and whereas the Court has, on the application of the said judgment-debtor, postponed the said sale to enable him to raise the amount of the decree by mortgage, lease or private sale of the said property or of some part thereof : This is to certify that the Court doth hereby authorise the said judgment-debtor to make the proposed mortgage, lease or sale within a period of from the date of this certificate ; provided that all monies payable under such mortgage, lease or sale shall be paid into this Court and not to the said judgment-debtor. Description of property GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No. 36 CAUSE WHY SALE SHOULD NOT BE SET ASIDE. (O. 21, rr. 90, 92 ) (Title) To WHEREAS the under-mentioned property was sold on the day of 19 , in execution of the decree passed in the above-named suit, and whereas , the decree-holder [or judgment-debtor], has applied to this Court to set aside the sale of the said property on the ground of a material irregularity [or fraud] in publishing [or conducting] the sale, namely that Take notice that if you have any cause to show why the said application should not be granted you should appear with your proofs in this Court on the day of 19 , when the said application will be heard and determined. GIVEN under my hand and the seal of the Court, this day of 19 . Description of property Judge
No. 37 NOTICE TO SHOW CAUSE WHY SALE SHOULD NOT BE SET ASIDE. (O 21, rr. 90, 92) (Title) To WHEREAS , the purchaser of the under-mentioned property sold on the day of 19 , in execution of the decree passed in the above-named suit, has applied to this Court to set aside the sale of the said property on the ground that ,the judgment-debtor, had no saleable interest therein: Take notice that if you have any cause to show why the said application should not be granted, you should appear with your proofs in this Court on the day of 19 ,when the said application will be heard and determined. GIVEN under my hand and the seal of the Court, this day of 19 . Description of property Judge
No. 38 CERTIFICATE OF SALE OF LAND. (O. 21, r. 94) (Title) THIS is to certify that has been declared the purchaser at a sale by public auction on the day of 19 , of in execution of decree in this suit, and that the said sale has been-duly confirmed by this Court. GIVEN under my hand and the seal of the Court, this day of 19 , Judge
No. 39 ORDER FOR DELIVERY TO CERTIFIED PURCHASER OF LAND AT A SALE IN EXECUTION. (O. 21, r. 95) (Title) To The Bailiff of the Court. WHEREAS has become the certified purchaser of at a sale in execution of decree in suit No. of 19 ; You are hereby ordered to put the said ; the certified purchaser, as aforesaid, in possession of the same. GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No. 40 SUMMONS TO APPEAR AND ANSWER CHARGE OF OBSTRUCTING EXECUTION OF DECREE. (O. 21, r. 97) (Title) To WHEREAS , the decree-holder in the above suit, has complained to this Court that you have resisted (or obstructed) the officer charged with the execution of the warrant for possession : You are hereby summoned to appear in this Court on the day of 19 at A.M., to answer the said complaint. GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No. 41 WARRANT OF COMMITAL. (O. 21, r.98) (Title) To The Officer in Charge of the Jail at WHEREAS the under-mentioned property has been decreed to ,the plaintiff in this suit, and whereas the Court is satisfied that without any just cause resisted [or obstructed] and is still resisting [or obstructing] the said in obtaining possession of the property, and whereas the said has made application to this Court that the said be committed to 1[* *] prison; You are hereby commanded and required to take and receive the said into 1 [* *] prison and to keep him imprisoned therein for the period of days. GIVEN under my hand and the seal of the Court, this day of 19 . Judge.
No. 42 AUTHORITY OF THE COLLECTOR TO STAY PUBLIC SALE OF LAND, (Section 72) (Title) To , Collector of . SIR, In answer to your communication No. , dated representing that the sale in execution of the decree in this suit of land situate within your district is objectionable, I have the honour to inform you that you are authorised to make provision for the satisfaction of the said decree in the manner recommended by you. I have the honour to be SIR, Your obedient servant, Judge 1 Omitted by Act. XIV of 1994, s.11.