Indian Laws in English

The Code Of Civil Procedure 1908
Order 21 :
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 requirement's of rules 11 to 14 as may be applicable to the case have been complied with; and if, they have not been complied with, 1.[the Court shall allow] the defect to be remedied then and there or within a time to be fixed by it.
2.[(1-A) If the defect is not so remedied, the Court shall reject the application:
Provided that where, in 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, instead of rejecting the application, decide provisonally (without prejudice to the right of the parties to have the amount finally decided in the course of the proceedings) the amount and make an order for the execution of the decree for the amount so provisionally decided.]
(2) Where an application is amended under the provisions of sub-rule (1), it shall be deemed to have been an application in accordance with law and presented on the date when it was first presented.
(3) Every amendment made under this rule shall be signed or initialled by the Judge.
(4) When the application is admitted, the Court shall enter in the proper register a note of the application and the date on which it was made, and shall, subject to the provisions hereinafter contained, order execution of the decree according to the nature of the application:
Provided that, in the case of a decree for the payment of money, the value of the property attached shall, as nearly as may be, correspond with the amount due under the decree.
State Amendment :
High Court Amendments-[Allahabad] :
Between the words "been complied with" and "the Court may", insert the words "and if the decree-holder fails to remedy the defect within a time to be fixed by the Court".-(24-7-1926).
[Andhra Pradesh] :
Same as that of Madras.
[Calcutta] :
Cancel the words "the Court may reject the application or may allow the defect to be remedied then and there, or within a time to be fixed by it" and substitute therefor the following words:
"the Court shall allow the defect to be remedied then and there, or within a time to be fixed by it. If the defect is not remedied within the time fixed, the Court may reject the application."
[Delhi] :
Same as that of Punjab.
[Gauhati] :
Same as that of Calcutta.
[Himachal Pradesh] :
Same as that of Punjab.
[Karnataka] :
Same as that of Madras-(R.O.C. No. 2526/1959, dated 9-2-1967).
[Kerala] :
In sub-rule (1), for the words "or may allow the defect to be remedied then and there or", substitute the words "if the defect is not remedied."-(9-6-1959).
[Madhya Pradesh] :
In sub-rule (1), substitute "the Court may allow the defect to be remedied then and there, or may fix a time within which it should be remedied and, in case the decree-holder fails to remedy the defect within such time the Court may reject the application", for "the Court may reject the application, or may allow thedefect to be remedied then and there or within a time to be fixed by it."-(16-9-1960).
[Madras] :
(1) In sub-rule (1) for the words "or may allow the defect to be remedied then and there or", substitute the words "if the defect is not remedied".
(2) Add the following proviso at the end of the rule:
"Provided that where an execution application is returned on account of inaccuracy in the particulars required under rule 11(2)(g), the endorsement of return shall state what in the opinion of the returning officer is the correct amount."-(13-10-1936).
[Patna] :
In rule 17(1) substitute the following for the words "the Court may reject the application, etc." at the end of the sub-rule:
"The Court shall allow the defect to be remedied then and there or within a time to be fixed by it, and, if the decree-holder fails to remedy the defect within such time, the Court may reject the application."
[Punjab] :
For the words "the Court may reject... to be fixed by it" in sub-rule (1) substitute the following words:
"the Court shall fix a time within which the defect snail be remedied, and if it is not remedied within such time, the Court may reject the application."-(1-11-1966).
Order 21, Rule 17-A
High Court Amendments-[Andhra Pradesh] :
Same as that of Madras.
[Karnataka] :
Same as that of Madras except for the omission of the words"or order" in both the places where they occur.-(R.O.C. No. 2526/1959, dated 9-2-1967).
[Kerala] :
Same as that of Madras.
[Madras] :
Add the following after rule 17 (4):
"17-A. Where an application is made to a Court for the execution of a decree or order passed against defendant in respect of whom service of summons has been dispensed with under rule 31 of Order 5, the Court shall ordinarily direct stay of the execution of the decree or order against such defendant till the expiry of a period of one year after cessation of hostilities with the State in whose territory such defendant was resident:
Provided that the Court may, if it considers that the interests of justice so require order execution on such terms as to security or otherwise as it thinks fit."-(29-3-1945).
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1. Substituted by Act 104 of 1976, section 72, for certain words (w.e.f. 1-2-1977).
2. Inserted by Act 104 of 1976, section 72, (w.e.f. 1-2-1977).       

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