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 ……………….. day of 20.
Judge.
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.
Schedule
Dated the ………………….. day of …………… 20
Judge.
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, for 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 ……………… 20 ………….
CERTIFIED that no1 satisfaction of the decree of this Court in suit No ……………. of ........20 …….. , a copy which is hereunto attached, has been obtained by execution within the jurisdiction of this Court.
Dated the ……………..day of ……………… 20 …………..
Judge.
(1. If partial, strike out “no” and State to what extent.)
I ………………… declare that what is stated herein is true to the best of my knowledge and belief.
Signed , decree-holder.
Dated the ………………….. day of …………….. 20
[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.
To
WHEREAS ………………… has made application to this Court for execution of decree in Suit No. ……………… of 20…... , on the allegation that the said decree has been transferred to him by assignment 2[or without assignment], this is to give you notice that you are to appear before this Court ……………. on the ………….. day of …………………. 20………………. , to show cause why execution should not be granted.
GIVEN under my hand and the seal of the Court, this.............day of..............20.........
Judge.
(1. Subs. by Act 10 of 1914, s. 2 and the First Sch., for “(O. 21, r. 22).
(2. Ins. by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977).
You are further commanded to return this warrant on or before the……………day of………….20….
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………..20.......
Schedule
To
The Bailiff of the Court,
WHEREAS………………….was ordered by decree of this Court passed on the……………… day
of……......20…………, in Suit No…………of 20….., 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 his behalf.
GIVEN under my hand and the seal of the Court, this………..day of………………20............
Schedule
Judge.
To
TAKE notice that on the……..day of………20……., …………………………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……………..20……, 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 .............20...........
Judge.
To
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 ...................... 20...........
Schedule
Judge.
To
WHEREAS .............................................. has made application to this Court for execution of decree in Suit No.
....................................of 20 .......................... by arrest and imprisonment of your person, you are hereby required to
appear before this Court on the ................................... day of ...................... 20 ............................ , 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 ...............................20........
Judge.
.
To
The Officer in charge of the Jail at
WHEREAS……………………………………... who has been brought before this Court this……………………………day
of……………….20…………, under a warrant in execution of a decree which was made and pronounced by the said
Court on the ................................... day of .................................20…………., 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 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 2*** 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 signature and the seal of the Court, this…………day of……………20……..
Judge.
(1. The words “in the name of the King-Emperor of India,” omitted by the A. O. 1950.)
(2. The word “annas” omitted by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977).
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.
To
WHEREAS………………………………………………………...has failed to satisfy a decree passed against……………on the………………...day of…………………….20……….., in Suit No.……of...... 20…, 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 Court, this………………….day of………….20……………….
Judge.
4. The following persons are dependent upon me:—
5. My employment, trade or profession is that of.................... carried on by me at ....................
I am a director of the following companies:—
6. My present annual/monthly/weekly income, after paying income-tax, is as follows:—
(a) From my employment, trade or profession Rs. ....................
(b) From other sources Rs. ....................
*7. (a) I own the house in which I live; its value is Rs. ....................
I pay as outgoings by way of rates, mortgage, interest, etc., the annual sum of Rs. ....................
(b) I pay as rent the annual sum of Rs. ....................
8. I possess the following:—
(a) Banking accounts;
(b) Stocks and shares;
(c) Life and endowment policies;
(d) House property; Give particulars
(e) Other property;
(f) Other securities;
9. The following debts are due to me:—
(give particulars)
(a) From of Rs.
(b) From of Rs. (etc.)
Sworn before me, etc.]
(1. Ins. by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977).
(*Strike off the words which are not applicable.)
To
WHEREAS………………………...has failed to satisfy a decree passed against…………………….........on
the…………….day of………20……….., in Suit No……….of 20…………., 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 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……….20…………
Judge.
To
Defendant and to……………………., Secretary of Corporation.
WHEREAS………..has failed to satisfy a decree passed against………………..on the…………….day of………20……, in Suit No……………of 20…….., in favour of……………….., for Rs……………….; it is ordered that you, the defendant, be, and you are hereby, prohibited and restrained, until the further order of this Court, from making and 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…………20……..
Judge.
To
WHEREAS……………………, judgment-debtor in the above-named case; is a (describe office of judgment-debtor) receiving his salary (or allowances) 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…………20..............
Judge.
To
The Bailiff of the Court,
WHEREAS an order has been passed by this Court on the……………..day of……….20……….., 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……………20……….
Judge.
To
Sir,
The plaintiff having applied, under rule 52 of Order XXI of the Code of Civil Procedure, 1908, for an attachment of certain money now in yours 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 subject to the further order of this Court.
I have the honour to be,
Sir
Your most obedient Servant.
Dated the……….day of………20……… Judge.
(1. Subs. by the A. O. 1937, for “Officer of Government”.)
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…........……….20………..by…………….in Suit No…………of 20.....................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.
Dated the……………….day of…….20………..Judge.
To
WHEREAS an application 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……......20..............................., in the Court of……………….in Suit No…….of 20.........., 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………….20………….Judge.
To
..................................................................................Defendant
WHEREAS you have failed to satisfy a decree passed against you on the……………………….........day of…………..20……….., in Suit No……….of………20.............. , 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 persons be, and that they are hereby, prohibited from receiving the same by purchase, or gift otherwise.
1[It is also ordered that you should attend Court on the…………………………………………….day of …………..20………, to take notice of the date fixed for settling the terms of the proclamation of sale.]
GIVEN under my hand and seal of the Court, this…………day of………20………….
Schedule
Judge.
(1. Ins. by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977).
To
WHEREAS the following property.....................................has been attached in execution of a decree in Suit No……………….of 20………, passed on the……………day of 20......... , 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………20..........
Judge.
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……… 20......... this is to give you notice to appear before this Court on………….., the………….day of……..20………..., 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……….20...........
Judge.
To
The Bailiff of the Court.
THESE are to command you to sell by auction, after giving…………day's 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 20................ , in execution of a decree in favour of……………in Suit No………….of 20............, 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…………. …….20 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………20...........
Judge.
To
......................................................................................................... Judgment-debtor.
WHEREAS in the above-named suit……………………….., the decree-holder, has applied for the sale of……………… You are hereby informed……………………that the…………..day of………… 20 , 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…………20………
Judge.
(1) Suit No………………….of 20……….., decided by the………..of………in which was plaintiff and was defendant.—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 the attached property mentioned in the annexed schedule, in satisfaction of the claim of the decree-holder in the suit (1) mentioned in the margin, amounting with costs and interest up-to date of 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 the 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 authorized 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 movable 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 immovable property, the person declared to be the purchaser shall pay immediately after such declaration a deposit of 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 property 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 Government and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may be subsequently sold.
Given under my hand and the seal of the Court, this………….day of……….20…….. Judge.
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………20..........., 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………………20……….
Schedule
Judge.
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 in the price of the said property amounting to Rs……………………., and that the expenses attending such re-sale amounted to Rs……. , making a total of Rs……………, which sum is recoverable from the defaulter.
Dated the…………. day of………… 20……..Officers holding the sale.
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…………20……..Judge.
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 receiving, and you……………………...from making payment of, the said debt to any person or persons except the said…………..Given under my hand and the seal of the Court, this…………day of………..20……..Judge.
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 are 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 …………..20…Judge.
To
WHEREAS in excecution of the decree passed in the above suit an order was made on the…………day of……………..20…….., for the sale 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 authorize 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. Given under my hand and the seal of the Court, this………… day of………..20…..Judge.
Description of property
To
WHEREAS the under-mentioned property was sold on the……….day of……………... 20……. …..., 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…………20........., when the said application will be heard and determined.
Given under my hand and the seal of the Court, this…………day of………….20……Judge.
Description of property
No. 37
NOTICE TO SHOW CAUSE WHY SALE SHOULD NOT BE SET ASIDE
(O. 21, rr. 91, 92.)
(Title)
To
WHEREAS……………the purchaser of the under-mentioned property sold on the……………… day of
……20………, 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…………20........., when the said application will be heard and determined.
Given under my hand and the seal of the Court, this…………day of…………20…….Judge.
Description of property
This is to certify that…………………..has been declared the purchaser at a sale by public auction on the…………………………day of………….20………of………………..in execution of decree in this 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…………20 Judge.
To
The Bailiff of the Court.
WHEREAS…………………………………..has become the certified purchaser of…………………..at a sale in execution of decree in Suit No……………of……………..20………..; 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……20…….. 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……………20…….........at………………A.M., to answer the said complaint.
Given under my hand and the seal of the Court, this………………………day of…………20………. Judge.
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 the Civil prison;
You are hereby commanded and required to take and receive the said…………………... into the civil 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……………………20…….. Judge.
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.
