Rule 17 of CPC : Rule 17: Procedure on receiving application for execution of decree.
CPC
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Explanation using Example
Example 1:
Scenario: Ramesh wins a civil lawsuit against Suresh, and the court issues a decree ordering Suresh to pay Ramesh ₹5,00,000. Ramesh files an application for the execution of this decree.
- Application Submission: Ramesh submits an application for execution under Rule 11, sub-rule (2).
- Court Review: The court reviews the application to ensure it complies with Rules 11 to 14. The court finds that Ramesh has not provided the correct details of the amount due.
- Opportunity to Correct: The court allows Ramesh to correct the defect immediately or within a specified time.
- Correction Made: Ramesh corrects the details and resubmits the application.
- Court Decision: The court provisionally decides the amount due as ₹5,00,000 and orders the execution of the decree.
- Register Entry: The court enters a note of the application and the date it was made in the proper register.
- Execution Order: The court orders the execution of the decree, ensuring that the value of the property attached corresponds to the amount due.
Example 2:
Scenario: Meena wins a civil lawsuit against Rajesh, and the court issues a decree ordering Rajesh to transfer ownership of a piece of land to Meena. Meena files an application for the execution of this decree.
- Application Submission: Meena submits an application for execution under Rule 11, sub-rule (2).
- Court Review: The court reviews the application to ensure it complies with Rules 11 to 14. The court finds that Meena has not provided the exact boundaries of the land.
- Opportunity to Correct: The court allows Meena to correct the defect immediately or within a sp...
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