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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 the civil 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 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 . . . . . . . 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

Costs


Execution

Total


No. 14

Warrant of Commital of Judgment-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 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 [478]* * * 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 hand and 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.

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)

(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.


[479][No. 16A

Affidavit of Assets to be made by a Judgment-debtor

Order XXI, Rule 41(2)]

In the Court of

A.B . . . . . . . . . Decree-holder.

vs.


C . . . . . . . . Judgment-debtor.

I . . . . . . . . . . . . . . . . . . . . . . . of

state onEroman{{oath} over {solemn affirmation}} as follows:—

1. My full name is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,

(Block Capitals)

2. I live at

*3. I am married/single/widower (widow)/divorced

4. The following persons are dependant 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; Give particulars.

(d) House property;

(e) Other property;

(f) Other securities;

9. The following debts are due to me:—C0

(give particulars)

(a) Form . . . . . . . of . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rs.

(b) From . . . . . . .of . . . . . . . . . . . . . . . . . . . . . . . . . . .



Rs. . . . . . . .(etc.)

Sworn before me, etc.]

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 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 . . . had 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 restrained, until the further order of the 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 Public 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 officer 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 . . . . . 19. . .

Judge.


No. 20

Order of Attachment of Negotiable Instrument

(O. 21, R. 51)

(Title)


To

The Bailiff of the Court.

Whereas 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 of Public Officer

(O. 21, R. 52).

(Title)


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 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 subject to the further order of this Court.

I have the hounour to be,

Sir

Your most obedient Servant.



Judge.

Dated the . . . . . . . . . day of . . . . . . . . . 19...

No. 22

Notice of Attachment of a Decree to the Court which Passed it



(O. 21, R. 52.)

(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 1`9. . . , 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 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 . . . . . . . . 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 Immovable 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 the 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 receivng the same by purchase, gift or otherwise.

[480] [It is also ordered that you should attend Court on the . . . . . . . . . day of . . . . . . . . . 19. . . to take notice of the date fixed for setting the terms of the proclamation of sale.]

Given under my hand and the seal of the Court, this . . . . . . . . . day of . . . . . . . . . 19. . . . . .

Schedule


Judge.

No. 25


Order for Payment to the Plaintiff, etc., of Money, etc., 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 sell 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 unsatisifed.

You are further commanded to retrun 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 Setting a Sale Proclamation

(O. 21, R. 66)

(Title)


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 . . . . . . . . 19. . . . , has been affixed for setting 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)

(1) Suit No. . . . . of 19. . . , 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 purchaser-money to the officer conducting the sale, and in default of such deposit the property and 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 . . . . . . . . . 19. . . .

Judge.


Schedule of Property

Number of lot

Description of property to be sold, with the name of each owner where there are more judgment-debtors than one

The revenue assessed upon the estate or part of the estate, if the property to be sold is an interest in estate or a part of an estate paying revenue to Government

Detail of any encumbrances to which the property is liable

Claims, if any, which have been put forward to the property and any other known particular bearing on its nature and value

[481][The value of the property as state by the decree holder

The value of the property as stated by the judgment-debtor]

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.

Date 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. . . . . . . . . . . . ., purchase, 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 . . . . . . . . . 19. . .

Officer holding the sale

No. 32

Notice to Person in Possession of Movable 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 Execution to any

Other than the Purchaser

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