17. Procedure on receiving
application for execution of decree.—(1) On receiving an
application for the execution of a decree as provided by Rule 11, sub-rule (2),
the Court shall ascertain whether such of the requirements of rules 11 to 14 as
may be applicable to the case have been complied with; and, if they have not
been complied with, 1[the Court shall allow] the defect to be
remedied then and there or within a time to be fixed by it.
2(1A)
If the defect is not so remedied, the Court shall, reject the application:
Provided that where, in the
opinion of the Court, there is some inaccuracy as to the amount referred to in
clauses (g) and (h) of sub-rule (2) of rule 11, the Court shall, instead of
rejecting the application, decide provisionally (without prejudice to the right
of the parties to have the amount finally decided in the course of the
proceedings) the amount and make an order for the execution of the decree for
the amount so provisionally decided.]
(2) Where an application is
amended under the provisions of sub-rule (1), it shall be deemed to have been
an application in accordance with law and presented on the date when it was
first presented.
(3) Every amendment made
under this rule shall be signed or initialled by the Judge.
(4) When the application is
admitted, the Court shall enter in the proper register a note of the application
and the date on which it was made, and shall, subject to the provisions hereinafter
contained, order execution of the decree according to the nature of the
application:
Provided that, in the case
of a decree for the payment of money, the value of the property attached shall,
as nearly as may be, correspond with the amount due under the decree.
Note: 1. Subs. by s. 72,
ibid., for certain words (w.e.f. 1-2-1977).
2. Ins. by s. 72, ibid.
(w.e.f. 1-2-1977).
Explanation:
When the application for
execution is in order, or has been amended under Order XXI, Rule 17, of
the Code of Civil Procedure, 1908, and is within time, the Court shall proceed
as directed in Order XXI, Rule 17 (4) and shall cause the application to
be entered in the proper register. A copy of the decree need not be filed when execution
is taken out in the Court by which the decree was passed. If in any case it is
not possible to verify the correctness of the application from the Court
register, the original decree should be sent for and examined by the court.
It should be noted that
according to Order XXI, Rule 17(1) Civil Procedure Code, the Court can
either reject the application if it is not in order or allow the defect to be remedied.
The Punjab High Court has amended this rule so as to make it compulsory for the
Court to fix a time within which the defect shall be remedied.
Whenever, on an application
for the execution of a decree, or whenever, in the course of execution
proceedings, it is necessary to ascertain the amount of money which is or which
remains due under the decree, the judicial officer should form his own
conclusion on the matter there from. He should not rely on mere kaifyats
or office notes made by ministerial officers.
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