Order XXI Rule 46I CPC: Application to negotiable instruments

Order XXI: Execution Of Decrees And Orders

1. 1 Modes of paying money under decree
2. 2 Payment out of Court to decree-holder
3. 3 Lands situate in more than one jurisdiction
4. 4 Transfer to Court of Small Causes
5. 5 Mode of transfer
6. 6 Procedure where Court desires that its own decree shall be executed by another Court
7. 7 Court receiving copies of decree, etc., to file same without proof
8. 8 Execution of decree or order by Court to which it is sent
9. 9 Execution by High court of decree transferred by other Court
10. 10 Application for execution
11. 11 Oral application
12. 11A Application for arrest to state grounds
13. 12 Application for attachment of movable property not in judgment-debtor’s possession
14. 13 Application for attachment of immovable property to contain certain particulars
15. 14 Power to require certified extract from Collector’s register in certain cases
16. 15 Application for execution by joint decree-holders
17. 16 Application for execution by transferee of decree
18. 17 Procedure on receiving application for execution of decree
19. 18 Execution in case of cross-decrees
20. 19 Execution in case of cross-claims under same decree
21. 20 Cross-decrees and cross-claims in mortgage suits
22. 21 Simultaneous execution
23. 22 Notice to show cause against execution in certain cases
24. 22A Sale not to be set aside on the death of the judgment-debtor before the sale but after the service of the proclamation of sale
25. 23 Procedure after issue of notice
26. 24 Process for execution
27. 25 Endorsement on process
28. 26 When Court may stay execution
29. 27 Liability of judgment-debtor discharged
30. 28 Order of Court which passed decree or of Appellate Court to be binding upon Court applied to
31. 29 Stay of execution pending suit between decree-holder and judgment-debtors
32. 30 Decree for payment of money
33. 31 Decree for specific movable property
34. 32 Decree for specific performance for restitution of conjugal rights, or for an injunction
35. 33 Discretion of Court in executing decrees for restitution of conjugal rights
36. 34 Decree for execution of document, or endorsement of negotiable instrument
37. 35 Decree for immovable property
38. 36 Decree for delivery of immovable property when in occupancy of tenant
39. 37 Discretionary power to permit judgment-debtor to show cause against detention in prison
40. 38 Warrant for arrest to direct judgment-debtor to be brought up
41. 39 Subsistence-allowance
42. 40 Proceedings on appearance of judgment-debtor in obedience to notice or after arrest
43. 41 Examination of judgment-debtor as to his property
44. 42 Attachment in case of decree for rent or mesne profits or other matter, amount of which to be subsequently determined
45. 43 Attachment of movable property, other than agricultural produce, in possession of judgment- debtor
46. 43A Custody of movable property
47. 44 Attachment of agricultural produce
48. 45 Provisions as to agricultural produce under attachment
49. 46 Attachment of debt, share and other property not in possession of judgment-debtor
50. 46A Notice to garnishee
51. 46C Trial of disputed questions
52. 46D Procedure where debt belongs to third person
53. 46E Order as regards third person
54. 46F Payment by garnishee to be valid discharge
55. 46G Costs
56. 46H Appeals
57. 46I Application to negotiable instruments
58. 47 Attachment of share in movables
59. 48 Attachment of salary or allowances of servant of the Government or railway company or local authority
60. 49 Attachment of partnership property
61. 50 Execution of decree against firm
62. 51 Attachment of negotiable instruments
63. 52 Attachment of property in custody of Court or public officer
64. 53 Attachment of decrees
65. 54 Attachment of immovable property
66. 55 Removal of attachment after satisfaction of decree
67. 56 Order for payment of coin or currency notes to party entitled under decree
68. 57 Determination of attachment
69. 58 Adjudication of claims to, or objections to attachment, of property
70. 59 Stay of sale
71. 60 Release of property from attachment (Omitted)
72. 61 Disallowance of claim to property attached (Omitted)
73. 62 Continuance of attachment subject to claim of incumbrancer (Omitted)
74. 63 Saving of suits to establish right to attached property (Omitted)
75. 64 Power to order property attached to be sold and proceeds to be paid to person entitled
76. 65 Sales by whom conducted and how made
77. 66 Proclamation of sales by public auction
78. 67 Mode of making proclamation
79. 68 Time of sale
80. 69 Adjournment or stoppage of sale
81. 70 Saving of certain sales (Omitted)
82. 71 Defaulting purchaser answerable for loss on re-sale
83. 72 Decree-holder not to bid for or buy property without permission
84. 72A Mortgagee not to bid at sale without the leave of the Court
85. 73 Restriction on bidding or purchase by officers
86. 74 Sale of agricultural produce
87. 75 Special provisions relating to growing crops
88. 76 Negotiable instruments and shares in corporations
89. 77 Sale by public auction
90. 78 Irregularity not to vitiate sale, but any person injured may sue
91. 79 Delivery of movable property, debts and shares
92. 80 Transfer of negotiable instruments and shares
93. 81 Vesting order in case of other property
94. 82 What Courts may order sales
95. 83 Postponement of sale to enable judgment-debtor to raise amount of decree
96. 84 Deposit by purchaser and re-sale on default
97. 85 Time for payment in full of purchase-money
98. 86 Procedure in default of payment
99. 87 Notification on re-sale
100. 88 Bid of co-sharer to have preference
101. 89 Application to set aside sale on deposit
102. 90 Application to set aside sale on ground of irregularity or fraud
103. 91 Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest
104. 92 Sale when to become absolute or be set aside
105. 93 Return of purchaser-money in certain cases
106. 94 Certificate to purchaser
107. 95 Delivery of property in occupancy of judgment-debtor
108. 96 Delivery of property in occupancy of tenant
109. 97 Resistance or obstruction to possession of immovable property
110. 98 Orders after adjudication
111. 99 Dispossession by decree-holder or purchaser
112. 100 Order to be passed upon application complaining of dispossession
113. 101 Question to be determined
114. 102 Rules not applicable to transferee pendente lite
115. 103 Orders to be treated as decrees
116. 104 Orders under rule 101 or rule 103 to be subject to the result of pending suit
117. 105 Hearing of application
118. 106 Setting aside orders passed ex parte, etc