Rule 79 of CPC : Rule 79: Delivery of movable property, debts and shares.

Explanation using Example

Example 1:

Scenario: Seizure and Sale of a Car

Context: Rajesh owes a significant amount of money to Suresh, and Suresh has obtained a court decree to recover the debt. Rajesh owns a car, which is seized by the court officers as part of the execution of the decree.

Application of Rule 79:

1. Actual Seizure and Delivery: The car, being a movable property, is seized by the court officers. Once the car is sold at an auction, it is delivered to the purchaser, Mr. Kumar, who won the bid.
2. Possession by Third Party: If the car was in the possession of Rajesh's friend, Anil, instead of Rajesh, the court would issue a notice to Anil, prohibiting him from delivering the car to anyone except Mr. Kumar, the purchaser.

Example 2:

Scenario: Sale of Shares in a Corporation

Context: Priya has a debt to pay to her creditor, Ankit, and Ankit has obtained a court decree to recover the debt. Priya owns shares in a corporation, which are not secured by a negotiable instrument.

Application of Rule 79:

1. Debt or Shares: The court issues a written order prohibiting the corporation from allowing Priya to transfer her shares to anyone except the purchaser, Mr. Sharma, who bought the shares at the court-ordered sale.
2. Dividend or Interest: The court also prohibits the corporation from paying any dividends or interest on those shares to anyone except Mr. Sharma. The corporation's secretary ensures that no transfer or payment is made to anyone other than Mr. Sharma.

Example 3:

Scenario: Recovery of Unsecured Debt

Context: Meena owes money to her creditor, Ravi, and Ravi has obtained a court decree to recover the debt. Meena has an unsecured debt owed to her by another individual, Sunil.

Application of Rule 79:

1. Debt Not Secured by Negotiable Instrument: The court issues a written order prohibiting Sunil from paying the debt to Meena or anyone else except Ravi, the purchaser of the debt.
2. Prohibition on Payment: Sunil is notified that he must pay the debt amount directly to Ravi, and Meena is prohibited from receiving any payment from Sunil regarding this debt.

Example 4:

Scenario: Sale of Household Items

Context: Arjun owes money to his creditor, Neha, and Neha has obtained a court decree to recover the debt. Arjun's household items, such as furniture and electronics, are seized by the court officers.

Application of Rule 79:

1. Actual Seizure and Delivery: The household items, being movable property, are seized by the court officers. Once these items are sold at an auction, they are delivered to the purchaser, Mrs. Gupta, who won the bid.
2. Possession by Third Party: If the household items were in the possession of Arjun's relative, Ramesh, instead of Arjun, the court would issue a notice to Ramesh, prohibiting him from delivering the items to anyone except Mrs. Gupta, the purchaser.