Forms under the First Schedule
EXECUTION
No. 1
NOTICE TO SHOW CAUSE WHY A PAYMENT OR ADJUSTMENT SHOULD NOT BE RECORDED AS CERTIFIED
(O. XXI, r.2.)
(Title)
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 ……………….20 ………………. , 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.
No. 2
PRECEPT (Section 46)
(Title)
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.
No. 3
ORDER SENDING DECREE FOR EXECUTION TO ANOTHER COURT
(O. XXI, r. 6.)
(Title)
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 ………….
Judge.
No. 4
CERTIFICATE OF NON-SATISFACTION OF DECREE
(O. XXI, r. 6.)
(Title)
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.
No. 5
CERTIFICATE OF EXECUTION OF DECREE TRANSFERRED TO ANOTHER COURT
(O. 21, r. 6.)
(Title)
Number Names Date of Number of Processes Costs of Amount How the Remarks
of suit of application the issued and execution realized case is
and the parties for execution execution dates of disposed
Court by case service of
which the thereof
decree
was
passed
1 2 3 4 5 6 7 8 9
Rs a. P. Rs a. P.
Signature of Muharrir in charge.
Signature of Judge.
No. 6
APPLICATION FOR EXECUTION OF DECREE
(O. XXI, r.11.)
In the Court of
I, ……………… decree-holder, hereby apply for execution of the decree herein-below set forth:—
granted thereby together with particulars of any cross decree.
Amount with interest due upon the decree or other relief
Previous application, if any, with date and result.
Whether any appeal preferred from decree.
Payment of adjustment made if any.
Amount of costs, if any, awarded.
Against whom to be executed.
Mode in which the assistance of the
Court is required.
Names of parties.
Date of Decree.
No. of Suit.
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.
No. 7
NOTICE TO SHOW CAUSE WHY EXECUTION SHOULD NOT ISSUE
1[(O. XXI, r.16.)]
(Title)
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.
No. 8
WARRANT OF ATTACHMENT OF MOVABLE PROPERTY IN EXECUTION OF A DECREE
FOR MONEY
(O.XXI. r. 30.)
(Title)
To
The Bailiff of the Court
Decree WHEREAS ………..… was ordered by decree of this Court
passed on the……….day of ………… 20 …… in Suit No.
Principal ………… of............20 ………… , to pay to the plaintiff the sum
of Rs. ………… as noted in the margin; and whereas the said
Interest sum of Rs.…………..has not been paid; These are to command
Costs you to attach the movable property of the said ………… as set
forth in the schedule hereunto annexed, or which shall be
Cost of execution
pointed out to you by the said …………... , and unless the said
Further interest ……………... shall pay to you the said sum of Rs.
……………… together with Rs. ……………. , the cost of this
Total attachment, to hold the same until further orders from this Court.
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
J ud ge.
No. 9
WARRANT FOR SEIZURE OF SPECIFIC MOVABLE PROPERTY ADJUDGED BY DECREE
(O. XXI, r. 31.)
(Title)
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.
No. 10
NOTICE TO STATE OBJECTIONS TO DRAFT OF DOCUMENT
(O. XXI, r. 34.)
(Title)
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.
No. 11
WARRANT TO THE BAILIFF TO GIVE POSSESSION OF LAND, ETC.
(O. XXI, r. 35.)
(Title)
To
The Bailiff of the Court.
WHEREAS the under mentioned 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.
No. 12
NOTICE TO SHOW CAUSE WHY WARRANT OF ARREST SHOULD NOT ISSUE
(O. XXI, r. 37.)
(Title)
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.
No. 13
WARRANT OF ARREST IN EXECUTION
(O. XXI, r. 38.)
(Title)
To
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-
Principal holder the sum of Rs…………as noted in the margin, and whereas
Interest the said sum of Rs…………...has not been paid to the said decree-
Costs
Execution
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
Total
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.
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.XXI, r. 40.)
(Title)
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 3*** 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 4*** 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
J ud ge.
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…………………….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.
5[No. 16A
AFFIDAVIT OF ASSETS TO BE MADE BY A JUDGMENT-DEBTOR
ORDER 21, RULE 41(2)]
In the Court of
A.B………………………….. Decree-holder
Vs.
C…………………………… Judgment-debtor
I of ……………………………….
oath
state on 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 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.]
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………….…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.
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………..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 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…………20……..
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 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.
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……….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.
No. 21
PROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF MONEY OR OF ANY SECURITY IN THE
CUSTODY OF A COURT OF JUSTICE OR 6[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 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.
No. 22
NOTICE OF ATTACHMENT OF A DECREE TO THE COURT WHICH PASSED IT
(O. 21, r. 53.)
(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…........…….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.
Judge.
Dated the……………….day of…….20………..
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……......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………….
J ud ge.
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…………..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.
7[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
J ud ge.
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 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.
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 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...........
J ud ge.
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…………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...........
J ud ge.
No. 28
NOTICE OF THE DAY FIXED FOR SETTLING 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………… 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………..
J ud ge .
No. 29
PROCLAMATION OF SALE
(O. 21, r. 66)
(Title)
(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 upto 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.
Schedule of Property
Number of Description of pro- The revenue Detail of Claims, if any, 8[The value
The value of the
lot perty to be sold, assessed upon the any which have been put of the pro- property as
with the name of estate or part of the encum- forward to the pro- perty as stated by the
each owner where estate, if the brances to perty and any other stated by the judgment-
there are more property to be sold which the known particulars decree holder debtor.]
judgment debtors is an interest in an property is bearing on its
than one estate or a part of liable nature and value
an estate paying
revenue to
Government
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………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.
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…, 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.
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…………20……..
Judge.
No. 33
PROHIBITORY ORDER AGAINST PAYMENT OF DEBTS SOLD IN EXECUTION
TO ANY OTHER THAN THE PURCHASER
(O. 21, r. 79)
(Title)
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……..
J ud ge.
No. 34
PROHIBITORY ORDER AGAINST THE TRANSFER OF SHARE SOLD IN EXECUTION
(O. 21, r. 79)
(Title)
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.
No. 35
CERTIFICATE TO JUDGMENT-DEBTOR AUTHORISING HIM TO MORTGAGE, LEASE OR SELL PROPERTY
(O. 21, r. 83)
(Title)
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.
Description of property
GIVEN under my hand and the seal of the Court, this…………day of………..20…..
Judge.
No. 36
NOTICE TO SHOW CAUSE WHY SALE SHOULD NOT BE SET ASIDE
(O. 21, rr. 90, 92)
(Title)
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……
Description of property
Judge.
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…….
Description of property
Judge.
No. 38
CERTIFICATE OF SALE OF LAND
(O. 21, r. 94)
(Title)
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.
No. 39
ORDER FOR DELIVERY TO CERTIFIED PURCHASER OF LAND AT A SALE IN EXECUTION
(O. 21, r. 95.)
(Title)
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.
No. 41
WARRANT OF COMMITTAL
(O. 21, r. 98)
(Title)
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.
No. 42
AUTHORITY OF THE COLLECTOR TO STAY PUBLIC SALE OF LAND
(Section 72)
(Title)
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.