The Code Of Civil Procedure 1908
Order 21 :
Rule 34 :
Decree for execution of document, or endoresment of negotiable instrument :
(1) Where a decree is for the execution of a document or for the endorsement for a negotiable instrument and the judgment-debtor neglects or refuses to obey the decree, the decree-holder may prepare a draft of the document or endoresement in accordance with the terms of the decree and delvier the same to the Court.
(2) The Court shall thereupon cause the draft to beserved on the judgment-debtor together with a notice requiring his objections (if any) to be made within such time as the Cout fixes in this behalf.
(3) Where the judgment-debtor object tot he draft, his objections shall be stated in writing within such time, and the court shall make such order approving or altering the draft, as it thinks fit.
(4) The decree-holder shall deliver to the Court a copy of the draft with such alterations (if any) as the Court may have directed upon the proper stamp-paper if a stamp is required by the law for the time being in force; and the Judge or such officer as may be appointed in this behalf shall execute the document so delivered.
(5) The execution of a document or the endorsement of a negotiable instrument under this rule may be in the following form, namely :-
"C.D., Judge of the Court of
(or as the case may be), for A.B. in suit by E.F. against A.B."
and shall have the same effect as the execution of the document or the endorsement of the negotiable instrument by the party ordered to execute or endorese the same.
[(6) (a) Where the registration of the document is required under any law for the time being in force, the Court, or such officer of the court as may be authorised in this behalf by the Court, shall cause the document to be registered in accordance with such law.
(b) Where the registration of the doucment is not so required, but the decree-holder desires it to be registered, the Court may make such order as it thinks fit.
(c) Where the Court makes any order for the registration of any document, it may make such order as it thinkgs fit as to the expenses of registration.]
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1. Substituted by Act 104 of 1976, section 72, for sub-rule (6) (w.e.f. 1-2-1977).
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