Rule 34 of CPC : Rule 34: Decree for execution of document, or endorsement of negotiable instrument.

Explanation using Example

Example 1:

Scenario: Ramesh wins a court case against Suresh, where the court orders Suresh to sign a property sale deed in favor of Ramesh. Suresh, however, refuses to sign the document.

Application of Rule 34:

1. Draft Preparation: Ramesh (decree-holder) prepares a draft of the property sale deed as per the court's decree and submits it to the court.
2. Service of Draft: The court serves the draft deed to Suresh (judgment-debtor) along with a notice to raise any objections within a specified time.
3. Objections: Suresh submits his objections in writing within the given time frame.
4. Court's Decision: The court reviews the objections and either approves the draft as it is or makes necessary alterations.
5. Final Draft Submission: Ramesh submits the final draft with the court's alterations on the required stamp paper.
6. Execution: The judge or an authorized officer executes the document on behalf of Suresh.
7. Registration: If the property sale deed requires registration, the court ensures it is registered as per the law.

Example 2:

Scenario: Priya wins a lawsuit against Raj, where the court orders Raj to endorse a promissory note in favor of Priya. Raj refuses to endorse the note.

Application of Rule 34:

1. Draft Preparation: Priya (decree-holder) prepares a draft of the endorsement on the promissory note as per the court's decree and submits it to the court.
2. Service of Draft: The court serves the draft endorsement to Raj (judgment-debtor) along with a notice to raise any objections within a specified time.
3. Objections: Raj submits his objections in writing within the given time frame.
4. Court's Decision: The court reviews the objections and either approves the draft as it is or makes necessary alterations.
5. Final Draft Submission: Priya submits the final draft with the court's alterations.
6. Execution: The judge or an authorized officer executes the endorsement on the promissory note on behalf of Raj.
7. Effect: The endorsement executed by the judge or officer has the same legal effect as if Raj had endorsed the promissory note himself.