Rule 22 of CPC : Rule 22: Notice to show cause against execution in certain cases.

Explanation using Example

Example 1:

Scenario: Ramesh obtained a decree from the court on January 1, 2018, against Suresh for a sum of ₹5,00,000. Ramesh did not take any steps to execute the decree immediately. On February 1, 2021, Ramesh decides to file an application for execution of the decree.

Application of Rule 22: Since Ramesh is applying for execution more than two years after the date of the decree, the court will issue a notice to Suresh requiring him to show cause why the decree should not be executed against him. Suresh will be given a date to appear in court and provide his reasons, if any, against the execution of the decree.

Example 2:

Scenario: Priya obtained a decree against her tenant, Raj, on March 1, 2019, for eviction and payment of arrears. Raj passed away on June 1, 2020, and his legal representative, his son Arjun, is now responsible. Priya files an application for execution of the decree on July 1, 2020.

Application of Rule 22: Since Priya is applying for execution against the legal representative of Raj, the court will issue a notice to Arjun requiring him to show cause why the decree should not be executed against him. Arjun will be given a date to appear in court and provide his reasons, if any, against the execution of the decree.

Example 3:

Scenario: Anil obtained a decree against Vijay on January 1, 2017. Vijay was declared insolvent on January 1, 2018, and his estate was assigned to a receiver. Anil files an application for execution of the decree on January 1, 2019, against the receiver.

Application of Rule 22: Since Anil is applying for execution against the receiver in insolvency, the court will issue a notice to the receiver requiring him to show cause why the decree should not be executed against him. The receiver will be given a date to appear in court and provide his reasons, if any, against the execution of the decree.

Example 4:

Scenario: Meera obtained a decree against her business partner, Ravi, on January 1, 2015. Meera filed an application for execution on January 1, 2016, and the court issued an order against Ravi on February 1, 2016. Meera did not take any further steps until January 1, 2018, when she filed another application for execution.

Application of Rule 22: Since Meera is applying for execution within two years from the date of the last order (February 1, 2016) against Ravi, the court does not need to issue a notice to Ravi. The execution can proceed without requiring Ravi to show cause.

Example 5:

Scenario: Sunita obtained a decree against her debtor, Mohan, on January 1, 2016. Mohan passed away on January 1, 2017, and his legal representative, his daughter Neha, was involved in a previous application for execution on January 1, 2018. Sunita files another application for execution on January 1, 2019, against Neha.

Application of Rule 22: Since the court had already ordered execution against Neha in a previous application, no notice is necessary for the current application. The execution can proceed without requiring Neha to show cause.