Code of Civil Procedure — Section 1

1. Ins. by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977).

307

No. 30 ORDER ON THE NAZIR FOR CAUSING SERVICE OF PROCLAMATION OF SALE (O. 21, r. 66.) (Title)

T o

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)

T o

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 .

308

No. 33 PROHIBITORY ORDER AGAINST PAYMENT OF DEBTS SOLD IN EXECUTION TO ANY OTHER THAN THE PURCHASER (O. 21, r. 79.) (Title)

T o

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)

T o ........................................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)

T o

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.

309

Given under my hand and the seal of the Court, this………… day of………..20…..

Description of property

Judge.

No. 36 NOTICE TO SHOW CAUSE WHY SALE SHOULD NOT BE SET ASIDE (O. 21, rr. 90, 92.) (Title)

T o

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

No. 38 CERTIFICATE OF SALE OF LAND (O. 21, r. 94.) (Title)

Judge.

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.

310

No. 39 ORDER FOR DELIVERY TO CERTIFIED PURCHASER OF LAND AT A SALE IN EXECUTION (O. 21, r. 95.) (Title)

T o

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……..

No. 40 SUMMONS TO APPEAR AND ANSWER CHARGE OF OBSTRUCTING EXECUTION OF DECREE (O. 21, r. 97.) (Title)

Judge.

T o

. . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . .

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 re