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The Code of Civil Procedure, 1908: page 158

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 158, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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    21. Simultaneous execution.—The Court may, in its discretion, refuse execution at the same time
against the person and property of the judgment-debtor.
    22. Notice to show cause against execution in certain cases.—(1) Where an application for
execution is made—
          (a) more than 1[two years] after the date of the decree, or
         (b) against the legal representative of a party to the decree 2[or where an application is made for
     execution of a decree filed under the provisions of section 44A], 3[or]
           3
          [(c) against the assignee or receiver in insolvency, where the party to the decree has been
     adjudged to be an insolvent,]
the Court executing the decree shall issue a notice to the person against whom execution is applied for
requiring him to show cause, on a date to be fixed, why the decree should not be executed against him:
     Provided that no such notice shall be necessary in consequence of more than 1[two years] having
elapsed between the date of the decree and the application for execution if the application is made within
1
  [two years] from the date of the last order against the party against whom execution is applied for, made
on any previous application for execution, or in consequence of the application being made against the
legal representative of the judgment-debtor if upon a previous application for execution against the same
person the Court has ordered execution to issue against him.
                                                                                    e
     (2) Nothing in the foregoing sub-rule shall be deemed to preclude the Court from issuing any process
                                                                             od
in execution of a decree without issuing the notice thereby prescribed, if, for reasons to be recorded, it
considers that the issue of such notice would cause unreasonable delay or would defeat the ends of
justice.                                                             aC
     3
       [22A. Sale not be set aside on the death of the judgment-debtor before the sale but after the service
                                                               di
of the proclamation of sale.—Where any property is sold in execution of a decree, the sale shall not be set
                                                          In
aside merely by reason of the death of the judgment-debtor between the date of issue of the proclamation of
sale and the date of the sale notwithstanding the failure of the decree-holder to substitute the legal
representative of such deceased judgment-debtor, but, in case of such failure, the Court may set aside the sale
if it is satisfied that the legal representative of the deceased judgment-debtor has been prejudiced by the sale.]
    23. Procedure after issue of notice.—(1) Where the person to whom notice is issued under 4[rule 22]
does not appear or does not show cause to the satisfaction of the Court why the decree should not be
executed, the Court shall order the decree to be executed.
    (2) Where such person offers any objection to the execution of the decree, the Court shall consider
such objection and make such order as it thinks fit.
                                                       Process for execution
    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.
     5
     [(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.]



1. Subs. by Act 104 of 1976, s. 72, for “one year” (w.e.f. 1-2-1977).
2. Ins. by Act 8 of 1937, s. 3.
3. Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977).
4. Subs. by Act 38 of 1978, s. 3 and Sch. II, for “the last preceding rule” (w.e.f. 26-11-1978).
5. Subs. by Act 104 of 1976, s. 72, for sub-rule (3) (w.e.f. 1-2-1977).

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