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The Code of Civil Procedure, 1908: page 156

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 156, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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    12. Application for attachment of movable property not in judgment-debtor’s
possession.—Where an application is made for the attachment of any movable property belonging to a
judgment-debtor but not in his possession, the decree-holder shall annex to the application an inventory of
the property to be attached, containing a reasonably accurate description of the same.
    13. Application for attachment of immovable property to contain certain particulars.—Where
an application is made for the attachment of any immovable property belonging to a judgment-debtor, it
shall contain at the foot—
         (a) a description of such property sufficient to identify the same and, in case such property can be
     identified by boundaries or numbers in a record of settlement or survey, a specification of such
     boundaries or numbers; and
         (b) a specification of the judgment-debtor’s share or interest in such property to the best of the
     belief of the applicant, and so far as he has been able to ascertain the same.
    14. Power to require certified extract from Collector’s register in certain cases.—Where an
application is made for the attachment of any land which is registered in the office of the Collector, the
Court may require the applicant to produce a certified extract from the register of such office, specifying
the persons registered as proprietors of, or as possessing any transferable interest in, the land or its
revenue, or as liable to pay revenue for the land, and the shares of the registered proprietors.
     15. Application for execution by Joint decree-holders.—(1) Where a decree has been passed
                                                                        e
jointly in favour of more persons than one, any one or more of such persons may, unless the decree
                                                                       od
imposes any condition to the contrary, apply for the execution of the whole decree for the benefit of them
all, or, where any of them has died, for the benefit of the survivors and the legal representatives of the
deceased.                                                          aC
    (2) Where the Court sees sufficient cause for allowing the decree to be executed on an application
                                                                 di
made under this rule, it shall make such order as it deems necessary for protecting the interest of the
persons who have not joined in the application.            In
    16. Application for execution by transferee of decree.—Where a decree or, if a decree has been
passed jointly in favour of two or more persons, the interest of any decree-holder in the decree is
transferred by assignment in writing or by operation of law, the transferee may apply for execution of the
decree to the Court which passed it; and the decree may be executed in the same manner and subject to
the same conditions as if the application were made by such decree-holder:
    Provided that, where the decree, or such interest as aforesaid, has been transferred by assignment,
notice of such application shall be given to the transferor and the judgment-debtor, and the decree shall
not be executed until the Court has heard their objections (if any) to its execution:
    Provided also that, where a decree for the payment of money against two or more persons has been
transferred to one of them, it shall not be executed against the others.
     1
     [Explanation.—Nothing in this rule shall affect the provisions of section 146, and a transferee of
rights in the property, which is the subject matter of the suit, may apply for execution of the decree
without a separate assignment of the decree as required by this rule.]
     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, 2[the Court shall allow] the defect to be remedied then and there or
within a time to be fixed by it.
     1
      [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


1. Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977).
2. Subs. by s. 72, ibid., for certain words (w.e.f. 1-2-1977).

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