The Code Of Civil Procedure 1908
Order 21 :
Execution Of Decrees And Orders :
Rule 1 :
1.[Modes of paying money under decree :
(1) All money, payable under a decree shall be paid as follows, namely :-
(a) by deposit into the Court whose duty it is to execute the decree, or sent to that Court by postal money order or through a bank; or
(b) out of Court, to the decree-holder by postal money order or through a bank or by any other mode wherein payment is evidenced in writing; or
(c) otherwise, as the Court which made the decree, directs.
(2) Where any payment is made under clause (a) or clause (c) of sub rule (1), the judgment-debtor shall give notice thereof to the decree-holder either through the Court or directly to him by registered post, acknowledgement due.
(3) Where money is paid by postal money order or through a bank under clause (a) or clause (b) of sub-rule
(1) the money order or payment through bank, as the case may be, shall accurately state the following particulars, namely : -
(a) the number of the original suit;
(b) the names of the parties or where there are more than two plaintiffs or more than two defendants, as the case may be, the names of the first two plaintiffs and the first two defendants;
(c) how the money remitted is to be adjusted, that is to say, whether it is towards the principal, interest or costs;
(d) the number of the execution case of the Court, where such case is pending; and
(e) the name and address of the payer.
(4) On any amount paid under clause (a) or clause (c) of sub-rule (1) interest, if any, shall cease to run from the date of service of the notice referred to in sub-rule (2).
(5) On any amount paid under clause (b) of sub-rule (1) interest, if any, shall cease to run from the date of such payment :
Provided that, where the decree-holder refuses to accept the postal order or payment through a bank, interest shall cease to run from the date on which the money was tendered to him, or where he avoids acceptance of the postal money order or payment through bank, interest shall cease to run from the date on which money would have been tendered to him in the ordinary course of business of the postal authorities or the bank, as the case may be.]
State Amendment :
High Court Amendment-[Orissa] :
In Order 21, rule 1, insert the words or order" after the word "decree", wherever they occur.-(14-5-1984).
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1. Substituted by Act 104 of 1976, section 72, for rule 1 (w.e.f. 1-2-1977).
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