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Questions and Answers
What does Order 21 of the Code of Civil Procedure concern?
What does Order 21 of the Code of Civil Procedure concern?
The solemn act of execution of decrees passed by the courts.
The execution of a decree is less important than the decree itself.
The execution of a decree is less important than the decree itself.
False (B)
Which of these is NOT a part of the main categories of Order 21?
Which of these is NOT a part of the main categories of Order 21?
- Applications for execution
- Appeals and revisions (correct)
- Resistance and delivery of possession
- Adjudication of claims and objections
- Stay of executions
- Mode of executions
- Sale of immovable and movable property
What does Order 21 Rule 1 CPC provide for?
What does Order 21 Rule 1 CPC provide for?
Which of the following is NOT a type of decree that can be executed under Order 21?
Which of the following is NOT a type of decree that can be executed under Order 21?
In the context of a money decree, when does interest cease to accrue on the deposited amount?
In the context of a money decree, when does interest cease to accrue on the deposited amount?
What does Order 21 Rule 42 CPC concern?
What does Order 21 Rule 42 CPC concern?
Under what circumstances can the execution of a decree be stayed according to Order 21 Rule 29 CPC?
Under what circumstances can the execution of a decree be stayed according to Order 21 Rule 29 CPC?
A transferee court has the power to stay the execution of a decree passed by another court.
A transferee court has the power to stay the execution of a decree passed by another court.
What are the two main grounds for setting aside a sale in execution of a decree?
What are the two main grounds for setting aside a sale in execution of a decree?
What is the purpose of Order 21 Rules 26 to 29?
What is the purpose of Order 21 Rules 26 to 29?
What rule in Order 21 addresses the situation where a suit is pending against the decree holder in the same court?
What rule in Order 21 addresses the situation where a suit is pending against the decree holder in the same court?
What is the main objective of Order 21 Rule 35 (3)?
What is the main objective of Order 21 Rule 35 (3)?
Under Order 21 Rule 41 CPC, a court can make an order for the attendance and examination of a Judgment Debtor only after attachment or sale of the property has failed.
Under Order 21 Rule 41 CPC, a court can make an order for the attendance and examination of a Judgment Debtor only after attachment or sale of the property has failed.
What is the purpose of Section 47 of the Code of Civil Procedure?
What is the purpose of Section 47 of the Code of Civil Procedure?
What is the key principle highlighted in the case of Jugalkishore Saraf vs. M/s. Raw Cotton Co. Ltd.
What is the key principle highlighted in the case of Jugalkishore Saraf vs. M/s. Raw Cotton Co. Ltd.
What does Order 21 Rule 16 CPC deal with?
What does Order 21 Rule 16 CPC deal with?
A judgment debt is considered an actional claim according to Section 3 of the Transfer of Property Act.
A judgment debt is considered an actional claim according to Section 3 of the Transfer of Property Act.
What does Order 21 Rule 99 outline?
What does Order 21 Rule 99 outline?
What are the two primary conditions for setting aside a sale of a mortgaged property under Order 21 Rule 89?
What are the two primary conditions for setting aside a sale of a mortgaged property under Order 21 Rule 89?
What is the main issue raised in the case of Dadi Jagannadham v. Jammulu Ramulu regarding Order 21 Rule 89?
What is the main issue raised in the case of Dadi Jagannadham v. Jammulu Ramulu regarding Order 21 Rule 89?
Simply proving material irregularity or fraud is enough to set aside a sale under Order 21 Rule 90.
Simply proving material irregularity or fraud is enough to set aside a sale under Order 21 Rule 90.
Order 21 Rule 67 mandates the sale of property must be advertised in a local newspaper.
Order 21 Rule 67 mandates the sale of property must be advertised in a local newspaper.
What is the crucial condition for a court to set aside a sale under Order 21 Rule 90?
What is the crucial condition for a court to set aside a sale under Order 21 Rule 90?
What is the key takeaway from the case of Saheb Khan Vs. Mohd. Yusufuddin and others regarding setting aside a property sale?
What is the key takeaway from the case of Saheb Khan Vs. Mohd. Yusufuddin and others regarding setting aside a property sale?
What is the main issue in the case of Kabidi Venku Sah vs. Sayed Abdul Hai and another regarding attachment before judgment?
What is the main issue in the case of Kabidi Venku Sah vs. Sayed Abdul Hai and another regarding attachment before judgment?
A mortgagee can object to the attachment of a property if they are not in actual or constructive possession of the property on the date of attachment.
A mortgagee can object to the attachment of a property if they are not in actual or constructive possession of the property on the date of attachment.
What is the primary point of contention in the case of M.V.S. Manikayala Rao vs. M. Narasimhaswami and others regarding Article 144?
What is the primary point of contention in the case of M.V.S. Manikayala Rao vs. M. Narasimhaswami and others regarding Article 144?
What is the primary argument in the case of Janapareddy Latchan Naidu vs. Janapareddy Sanyasamma concerning the recovery of maintenance after a charge has been created on multiple properties?
What is the primary argument in the case of Janapareddy Latchan Naidu vs. Janapareddy Sanyasamma concerning the recovery of maintenance after a charge has been created on multiple properties?
A charge functions similarly to a mortgage.
A charge functions similarly to a mortgage.
What is the main purpose of Order 21 Rule 35 (3)?
What is the main purpose of Order 21 Rule 35 (3)?
A court can use any reasonable force necessary to put the decree holder in possession of property.
A court can use any reasonable force necessary to put the decree holder in possession of property.
What is the primary focus of Order 21 Rule 17, Order 34 Rule 4, Rules 14 and 15?
What is the primary focus of Order 21 Rule 17, Order 34 Rule 4, Rules 14 and 15?
What is the primary takeaway from the case of Janapareddy Latchan Naidu vs. Janapareddy Sanyasamma regarding the execution of a charge decree?
What is the primary takeaway from the case of Janapareddy Latchan Naidu vs. Janapareddy Sanyasamma regarding the execution of a charge decree?
The concept of analogy from a mortgage can be applied to the execution of a charge.
The concept of analogy from a mortgage can be applied to the execution of a charge.
What is the primary issue addressed in Order 21 Rule 35 (2) CPC?
What is the primary issue addressed in Order 21 Rule 35 (2) CPC?
A purchaser of a coparcener's share in a property is automatically entitled to possession of that share.
A purchaser of a coparcener's share in a property is automatically entitled to possession of that share.
What is the essence of the decision in M.V.S. Manikayala Rao Vs. M. Narasimhaswami and others regarding Article 144?
What is the essence of the decision in M.V.S. Manikayala Rao Vs. M. Narasimhaswami and others regarding Article 144?
A purchaser of an undivided share in a property can only seek possession after a partition has been conducted.
A purchaser of an undivided share in a property can only seek possession after a partition has been conducted.
Flashcards
Order 21 of the Code of Civil Procedure
Order 21 of the Code of Civil Procedure
Deals with the execution of decrees passed by courts
Execution of decrees
Execution of decrees
The process of enforcing court judgments.
Money decrees
Money decrees
Court orders requiring payment of money.
Order 21 Rule 1 CPC
Order 21 Rule 1 CPC
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Interest in money decrees
Interest in money decrees
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Deposit of decree amount
Deposit of decree amount
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Stay of execution
Stay of execution
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Order 21 Rule 29 CPC
Order 21 Rule 29 CPC
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Attachment before judgment
Attachment before judgment
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Order 21 Rule 42 CPC
Order 21 Rule 42 CPC
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Section 47 of CPC
Section 47 of CPC
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Order 21 Rule 99 CPC
Order 21 Rule 99 CPC
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Order 21 Rule 92(2) CPC
Order 21 Rule 92(2) CPC
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Order 21 Rule 89 CPC
Order 21 Rule 89 CPC
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Order 21 Rule 90 CPC
Order 21 Rule 90 CPC
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Order 21 Rule 58 CPC
Order 21 Rule 58 CPC
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Order 21 Rule 35(3) CPC
Order 21 Rule 35(3) CPC
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Order 21 Rule 17, Order 34 Rule 4, Rule 14 & 15 CPC
Order 21 Rule 17, Order 34 Rule 4, Rule 14 & 15 CPC
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Study Notes
Executions
- Order 21 of the Code of Civil Procedure governs the execution of decrees.
- Execution happens after a judgment becomes final and there's no stay from an appellate or revisional court.
- Original jurisdiction court executes the decree.
- Execution of decrees isn't always given the time and importance it deserves due to unit limitations.
- Decrees carry importance showing the court's authority and the sanctity of legal documents.
- Decree needs execution with force so the decree holder doesn't lose rights after the proceedings.
Applications for Execution
- Applications for execution, objections, and processes are categorized.
- Categorization makes court proceedings smoother.
- Includes applications related to:
- Stay of executions
- Methods of executions
- Sale of immovable/movable property
- Claims and objections
- Resistance and delivery of possession
Order 21 Rule 1 CPC: Method of Adjustment in Money Decrees
- Order 21 Rule 1 of the CPC details how money decrees are paid.
- Priority of payment: First to interest, then costs, and finally the principal.
- Judgment debtor can specify how the deposit is applied.
- Decree holder has the right to appropriate funds based on specified instructions.
- Includes enforcement of decree types like those requiring specific performance, injunctions, restitution, or possession.
Other Rules and Cases
- Various rules (e.g., 21 Rule 42, 21 Rule 29, 21 Rule 41) of Order 21 in the CPC cover specific situations related to attachment before judgment, decree staying, arrest/detention, etc.
- The Hon'ble Supreme Court case law (e.g., Gurpreet Singh) offers interpretations and guidance for execution procedure.
- A specific court judgment (e.g., Shaukat Hussain) clarified the applicability of a rule and the relevant legal details.
- Cases and judgements illustrate execution scenarios, processes, and disputes.
- Relevant sections of the Code of Civil Procedure are clarified to understand application of the law.
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