Execution order 21
S. Fernandes
(Querist) 24 September 2013
This query is : Resolved
Dear Sir,
I have filled execution proceedings under order 21, to execute a money decree.
The assistance sought from the court is to recover the money by attachment property of the JD.
I have said "attachment" not "attachment and sale"
Kindly advise if:
1) I need to amment my application to read "attachment and sale"
2)Will the court attach and sell, even though the my pryer in original application only says recover by attachment???
thanks
Raj Kumar Makkad
(Expert) 25 September 2013
The executing court has to get its judgment and decree executed by all means even though you might not have mentioned detailed procedure and court is not dependent over the procedure told by you so there is no need to get the amendment done.
mahendra rai jain
(Expert) 25 September 2013
You need not to amend in present application. Provision of attachment has been mentioned under Order 21 rule 54 of the CPC. Once the property attached under above said order and JD not satisfies decree you can opt furhter option as prescribed under Order 21 Rule 66 for the sale.
Rajendra K Goyal
(Expert) 25 September 2013
Well advised by the experts, nothing more to add.
R.K Nanda
(Expert) 25 September 2013
AGREE WITH EXPERTS.
S. Fernandes
(Querist) 25 September 2013
WHAT ABOUT RULE 11-i-(ii) OF ORDER 21. HOW DOES IT APPLY.
Thanks
mahendra rai jain
(Expert) 25 September 2013
mr fernandes what actually you want? solution or discussion,
mahendra rai jain
(Expert) 25 September 2013
mr fernandes what actually you want? solution or discussion,
S. Fernandes
(Querist) 25 September 2013
I am very sorry, It was not my intention to create any discussion. I genuinely asked because I am apprehensive of the present application becoming rejected for this reason.
Thanks again
mahendra rai jain
(Expert) 25 September 2013
dont worry about application, after process under order 21 rule 54, order 21 rule 66 automatically attrect if decree not satisfied by JD
Raj Kumar Makkad
(Expert) 25 September 2013
You need to start a full chapter here rather what ever has been suggested to you, demand to be applied.
S. Fernandes
(Querist) 25 September 2013
Adv. RajKumar,
I did not understand what you meant when you said:
"You need to start a full chapter here rather what ever has been suggested to you, demand to be applied."
Can you please shed some light? i.e. What is the chapter to start & apply the suggession of rule-66 now or only after JD/objector fails to pay.
thanks
Thanks
V R SHROFF
(Expert) 25 September 2013
Provision of attachment has been mentioned under Order 21 rule 54 of the CPC.AS STATED BY EXPERTS.
