ORDER XXI: Execution of
Decrees and Orders
Payment under Decree
1[1.
Modes of paying money under decree.—(1) All money, payable under a decree
shall be paid as follows, namely:—
(a) by deposit into the
court whose duty it is to execute the decree, or sent to that Court by postal money
order or through a bank; or
(b) out of Court, to the
decree-holder by postal money order or through a bank or by any other mode
wherein payment is evidenced in writing; or
(c) otherwise, as the Court
which made the decree, directs.
(2) Where any payments is
made under clause (a) or clause (c) of sub-rule (1), the judgment-debtor shall
give notice thereof to the decree-holder either through the Court or directly
to him by registered post, acknowledgment due.
(3) Where money is paid by
postal money order or through a bank under clause (a) or clause (b) of sub-rule
(1), the money order or payment through bank, as the case may be, shall
accurately state the following particulars, namely:—
(a) the number of the
original suit;
(b) the names of the parties
or where there are more than two plaintiffs or more than two defendants, as the
case may be, the names of the first two plaintiffs and the first two
defendants;
(c) how the money remitted
is to be adjusted, that is to say, whether it is towards the principal, interest
or costs;
(d) the number of the
execution case of the Court, where such case is pending; and
(e) the name and address of
the payer.
(4) On any amount paid under
clause (a) or clause (c) of sub-rule (1), interest, if any, shall cease to run
from the date of service of the notice referred to in sub-rule (2).
(5) On any amount paid under
clause (b) of sub-rule (1), interest, if any, shall cease to run from the date
of such payment:
Provided that, where the
decree-holder refuses to accept the postal money order or payment through a bank,
interest shall cease to run from the date on which the money was tendered to
him, or where he avoids acceptance of the postal money order or payment through
bank, interest shall cease to run from the date on which the money would have
been tendered to him in the ordinary course of business of the postal authorities
or the bank, as the case may be.]
Note: 1. Subs. by Act 104 of
1976 s. 72, for rule 1 (w.e.f. 1-2-1977).
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