24. Process for execution.—(1)
When the preliminary measures (if any) required by the foregoing rules have
been taken, the Court shall, unless it sees cause to the contrary, issue its
process for the execution of the decree.
(2) Every such process shall
bear date the day on which it is issued, and shall be signed by the Judge or
such officer as the Court may appoint in this behalf, and shall be sealed with
the seal of the Court and delivered to the proper officer to be executed.
1[(3)
In every such process, a day shall be specified on or before which it shall be
executed and a day shall also be specified on or before which it shall be
returned to the Court, but no process shall be deemed to be void if no day for
its return is specified therein.]
Note: 1. Subs. by Act 104 of
1976, s. 72, for sub-rule (3) (w.e.f. 1-2-1977).
Explanation:
Attention is invited to the
provisions of Order XXI, Rules 24 and 25, regarding processes for
execution.
Rule 24
requires that in every case a day shall be specified on or before which the
process is to be executed. Rule 25 makes it incumbent on the Court to examine
the officer entrusted with the execution, when the process is not duly
executed, to satisfy itself as regards the reasons for its non-execution and to
record the result of its inquiry. If the Courts make careful inquiry in such
cases and do not blindly accept the reports on the processes, the percentage of
infructuous applications will appreciably diminish.
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