Indian Laws in English

The Code Of Civil Procedure 1908
Order 21 :
Rule 11 :
Oral application :
(1) Where a decree is for the payment of money the Court may, on the oral application of the decree-holder at the time of passing of the decree, order immediate execution thereof by the arrest of the judgment-debtor, prior to the preparation of a warrant if he is within the precincts of the Court.
(2) Written application.-Save as otherwise provided by sub-rule(1), every application for the execution of a decree shall be in writing, signed and verified by the applicant or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case, and shall contain in a tabular form the following particulars, namely-
(a) the number of the suit;
(b) the names of the parties;
(c) the date of the decree;
(d) whether any appeal has been preferred from the decree;
(e) whether any, and (if any) what, payment or other adjustment of the matter in controversy has been made between the parties subsequently to the decree;
(f) whether any, and (if any) what, previous applications have been made for the execution of the decree, the dates of such applications and their results;
(g) the amount with interest (if any) due upon the decree, or other relief granted thereby, together with particulars of any cross-decree, whether passed before or after the date of the decree sought to be executed;
(h) the amount of the costs (if any) awarded;
(i) the name of the person against whom execution of the decree is sought; and
(j) the mode in which the assistance of the Court is required whether-
(i) by the delivery of any property specifically decreed;
1.[(ii) by the attachment, or by the attachment and sale, or by the sale without attachment, of any property;]
(iii) by the arrest and detention in prison of any person;
(iv) by the appointment of a receiver;
(v) otherwise, as the nature of the relief granted may require.
(3) The Court to which an application is made under sub-rule (2) may require the applicant to produce a certified copy of the decree.
State Amendment :
High Court Amendments-[Allahabad] :
(1) Substitute for clause (f) of sub-rule (2):-
"(f) The date of the last application, if any" and
(2) Add the following proviso to sub-rule (2):
"Provided that when the applicant files with his application a certified copy of the decree, the particulars specified in clauses (b), (c) and (h) need not be given in the application."-(24-7-1926).
(3) Add the following as sub-rule (4):
"Where a decree for money is sought to be executed under sub-rule (2) by the arrest and detention in prison of the judgment-debtor, the application shall also state on which of the grounds mentioned in the proviso to section 51, detention is claimed."-(19-5-1956).
[Andhra Pradesh] :
Same as that of Madras.
[Karnataka] :
(1) In rule 11, sub-rule (2), insert the following as clause (ff) after clause (f) and before clause (g):
"(ff) whether the decree-holder has transferred any part of his interest in the decree and, if so, the date of the transfer and the names and addresses of the parties to the transfer;"
(2) At the end of clause (j) of sub-rule (2) of rule 11, add the following:
"In an execution petition praying for relief by way of attachment of a decree of the nature specified in sub-rule (1) of rule 53 of this Order, there shall not be included any other relief mentioned in this clause."-(R.O.C. No. 2526/1959, dated 9-2-1967).
[Kerala] :
In rule 11, in sub-rule (2):
(i) after clause 0, the following clause shall be inserted, namely:
"(ff) whether the original decree-holder has transferred any part of his interest in the decree, and if so, the date of the transfer and the name and address of the parties to the transfer."
(ii) for clause (~), the following shall be substituted, namely:
"(j) the mode in which the assistance of the Court is required, whether-
(i) by the delivery of any property, specifically decreed;
(ii) by the attachment and sale, or by the sale without attachment, of anyproperty;
(iii) by the arrest and detention in prison of any person;
(iv) by the appointment of a receiver;
(v) otherwise, as the nature of the relief granted may require.
In an execution petition praying for relief by way of attachment of a decree of the nature specified in sub-rule (1) of rule 53 of this Order, there shall not be included any other relief mentioned in this clause."-(9-6-1959).
[Madhya Pradesh] :
After sub-clause (v) of clause (j) of sub-rule (2) of rule 11, insert the following proviso:
"Provided that, when the applicant files with his application a certified copy of the decree, the particulars specified in clauses (b), (c) and (h)• need not be given in the application."-(16-9-1960).
[Madras] :
(a) Insert the following new clause:
"(a) whether the original decree-holder has transferred any part-of his interest in the decree, and if so, the date of the transfer and the name and address of the parties to the transfer."
(b) Add the following to sub-rule (2) (j):
"In an execution petition praying for relief by way of attachment of a decree of the nature specified in sub-rule (1) of rule 53 of this Order, there shall not be included any other relief mentioned in this clause."
(c) Add the following proviso at the end of sub-rule (2):
"Provided that when the applicant files with his application a certified copy of the decree, the particulars specified in clauses (b), (c) and (h) need not be given in the application."
[Patna] :
(a) Add the following as sub-rule (1-A) of rule 11:
"(1-A) Where an order has been made under section 39 for the transfer of a decree for the payment of money for execution to a Court, within the local limits of the jurisdiction of which the judgment-debtor resides, such Court may, on the production by the decree-holder of a certified copy of the decree and an affidavit of non-satisfaction, forthwith order immediate execution of the decree by the arrest of the judgment-debtor."
(b) Substitute the words and figures "sub-rules (1).and (1-A)" for the words and figure "sub-rule (1)" in line 1 of sub-rule (2) of rule 11.
(c) Delete clauses (a), (b), (c), (d), (/) and (h) of sub-rule (2) of rule 11.-(5-4-1961).
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1. Substituted by Act 104 of 1976, section 72, for sub-clause, (ii) (w.e.f. 1-2-1977).      

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