APCRPCO Form No.26 : Decree under O.XXI.RII(1)

Explanation using Example

Example 1: Non-Payment of Debt

Introduction: Mr. A.B. lent Rs. 50,000 to Mr. C.D. with an agreement that it would be repaid within six months. However, Mr. C.D. failed to repay the amount even after repeated reminders.

Application: Mr. A.B. files a suit in the civil court for recovery of the debt. The court, after hearing both parties, issues a decree under Order XXI, Rule 11(1) of the Code of Civil Procedure, ordering Mr. C.D. to pay Rs. 50,000 along with Rs. 5,000 as costs of the suit and 6% interest per annum from the date of the decree.

Outcome: If Mr. C.D. fails to pay the decreed amount, the court may issue a warrant for his arrest. Additionally, Mr. C.D. would be liable to pay further costs incurred due to the issuance of the warrant.

Conclusion: Compliance with the decree is crucial to avoid arrest and additional costs. Non-compliance can lead to legal penalties and further financial burden.

Example 2: Breach of Contract

Introduction: Ms. E.F. entered into a contract with Mr. G.H. for the supply of goods worth Rs. 1,00,000. Mr. G.H. failed to deliver the goods or refund the amount.

Application: Ms. E.F. files a suit for breach of contract. The court issues a decree under Order XXI, Rule 11(1) , directing Mr. G.H. to pay Rs. 1,00,000 along with Rs. 10,000 as costs and 8% interest per annum from the date of the decree.

Outcome: If Mr. G.H. does not comply, a warrant for his arrest may be issued. He would also have to bear additional costs for the warrant process.

Conclusion: Timely compliance with court orders is essential to avoid arrest and further legal complications. Non-compliance can result in significant legal and financial consequences.

Example 3: Loan Recovery

Introduction: A bank filed a suit against Mr. I.J. for recovery of an unpaid loan amounting to Rs. 2,00,000.

Application: The court decrees that Mr. I.J. must pay the bank Rs. 2,00,000, Rs. 15,000 as costs, and 10% interest per annum from the date of the decree under Order XXI, Rule 11(1) .

Outcome: Failure to pay could lead to a warrant for Mr. I.J.'s arrest, and he would incur additional costs related to the warrant.

Conclusion: It is crucial for Mr. I.J. to comply with the decree to avoid arrest and additional financial liabilities.

Example 4: Property Dispute

Introduction: Mr. K.L. and Mr. M.N. are involved in a property dispute. The court rules in favor of Mr. K.L., ordering Mr. M.N. to pay Rs. 3,00,000 as compensation.

Application: The decree, issued under Order XXI, Rule 11(1) , includes Rs. 20,000 as costs and 7% interest per annum from the decree date.

Outcome: If Mr. M.N. fails to comply, a warrant for his arrest may be issued, and he would be responsible for additional warrant-related costs.

Conclusion: Compliance with the court's decree is necessary to avoid arrest and further financial penalties.