The Code Of Civil Procedure 1908
Order 21 :
Rule 31 :
Decree for specific movable property :
(1) Where the decree is for any specific movable, or for any share in a specific movable, it may be executed by the seizure, if practicable, of the movable or share, and by the delivery thereof to the party to whom it has been adjudged, or to such person as he appoints to receive delivery on his behalf, or by the detention in the civil prison of the judgment-debtor, or by the attachment of his property, or by both.
(2) Where any attachment under sub-rule (1) has remained in force for 1.[three months] if the judgmentdebtor has not obeyed the decree and the decree-holder has applied to have the attached property sold, such property may be sold, and out of the proceeds the Court may award to the decree-holder, in cases where any amount has been fixed by the decree to be paid as an alternative to delivery of movable property, such amount, and, in other cases, such compensation as it thinks fit, and shall pay the balance (if any) to the judgment-debtor on his application.
(3) Where the judgment-debtor has obeyed the decree and paid all costs of executing the same which he is bound to pay, or where, at the end of [three months] from the date of attachment, no application to have the property sold has been made, or, if made, has been refused, the attachment shall cease.
State Amendment :
[Andhra Pradesh] :
Same as that of Madras.
[Calcutta] :
In Order 21, sub-rules (2) and (3), substitute the words "three months" for the words "six months".
[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.
[Kerala] :
Same as that of Madras-(9-6-1959).
[Madhya Pradesh] :
In sub-rules (2) and (3) of rule 31, for the words "six months" wherever they occur, substitute the words "three months or such further time as the Court may, in any special case, for good cause shown, direct".-(16-9-1960).
[Madras] :
In rule 31:
(i) in sub-rules (2) and (3), for the words "six months", the words "three months" shall be substituted.
(ii) after sub-rule (3), the following sub-rule shall be inserted, namely:
"(4) The Court may on application extend the period of three months mentioned in sub-rules (2) and (3) to such period not exceeding six months on the whole as it may thinks fit."
[Orissa] :
Same as that of Patna.
[Patna] :
In sub-rules (2) and (3) of rule 31, for the words "six months", substitute "three months", and add the following as sub-rule (4):
"(4) The Court may, for sufficient cause, extend the period of three months mentioned in sub-rules (2) and (3) to such period, not exceeding six months on the whole, as it may think fit."
[Punjab and Haryana] :
(i) In sub-rule (2), for the word "six" substitute the word "three".
(ii) Add the following proviso after sub-rule (2):
"Provided that the Court may, in any special case, according to the special circumstances thereof, extend the period beyond three months; but it shall in no case exceed six months in all".
(iii) In sub-rule (3), for the words "six months" substitute the following words:-
"three months or such other period as may have been prescribed by the Court".
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1. Substituted by section 72, for “six months” (w.e.f. 1-2-1977).
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