Rule 23 of CPC : Rule 23: Procedure after issue of notice.

Explanation using Example

Example 1:

Rajesh obtained a court decree against Suresh for the repayment of a loan amounting to ₹5,00,000. Rajesh then filed an application for the execution of the decree. The court issued a notice to Suresh under Rule 22, asking him to show cause why the decree should not be executed. Suresh neither appeared in court nor provided any reason for not executing the decree. As per Rule 23(1), the court, finding no objection from Suresh, ordered the execution of the decree, allowing Rajesh to proceed with the recovery of the ₹5,00,000.

Example 2:

Meena won a civil case against her tenant, Ravi, for unpaid rent amounting to ₹1,00,000. Meena applied for the execution of the decree, and the court issued a notice to Ravi under Rule 22. Ravi appeared in court and objected to the execution, claiming that he had already paid the rent in cash but had no receipt to prove it. The court, as per Rule 23(2), considered Ravi's objection. After reviewing the evidence and hearing both parties, the court found Ravi's claim unsubstantiated and ordered the execution of the decree, allowing Meena to recover the ₹1,00,000.