Section 2
Ins. by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977) .
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
Judge.
No. 9
WARRANT FOR SEIZURE OF SPECIFIC MOVABLE PROPERTY ADJUDGED BY DECREE (O. 21, r. 31.)
(Title)
T o
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.
No. 10
NOTICE TO STATE OBJECTIONS TO DRAFT OF DOCUMENT
(O. 21, r. 34.)
(Title)
T o
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.
No. 11
WARRANT TO THE BAILIFF TO GIVE POSSESSION OF LAND, ETC.
(O.21, r. 35.)
( T i t l e )
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
J u d g e .
No. 12
NOTICE TO SHOW CAUSE WHY WARRANT OF ARREST SHOULD NOT ISSUE
(O. 21, r. 37.)
(Title)
T o
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........
J udg e.
No. 13
WARRANT OF ARREST IN EXECUTION
(O. 21, r. 38.)
(Title)
T o
The Bailiff of the Court.
WHEREAS …. ...........was adjudged by a decree of this Court in suit No .................. of ..................... 20.... , dated
Decree
the………….day of……………20………….,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 judgement-debtor and unless the said judgment-debtor shall pay to you the said sum of Rs…… together with Rs……………for the cost 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………………..20…………….....,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.
Principal
Interest
Costs
Execution
Total
Given under my hand and the seal of the Court, this ................................. day of ............................... 20……………
Judge.
No. 14
WARRANT OF COMMITTAL OF JUDGEMENT-DEBTOR TO JAIL
(O.21, r. 30.)
(Title)
T o
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.
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.
No. 16
ATTACHMENT IN EXECUTION
PROHIBITORY ORDER, WHERE THE PROPERTY TO BE ATTACHED CONSISTS OF MOVABLE PROPERTY TO WHICH THE DEFENDANT IS ENTITLED SUBJECT TO A LIEN OR RIGHT OF SOME OTHER PERSON TO THE IMMEDIATE POSSESSION THEREOF (O. 21, r. 46.)
F
(Title)
T o
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.