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CPC Order 21C - EXECUTION OF DECREES AND OrderS

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Description

Order 21C of the Civil Procedure Code (CPC) deals with a specialized procedure for the execution of decrees or orders relating to particular types of decrees. It specifically governs the execution process when it comes to decrees involving a specific type of property or situation, which may require additional steps or procedures beyond those outlined in other parts of Order 21.

Order 21C helps further clarify how certain types of decrees should be executed, particularly in circumstances where there is a need for specific action or particular directions for enforcement.


Key Provisions of Order 21C

  1. Execution of Decrees in Special Circumstances:
    Order 21C provides for the execution of specific kinds of decrees that involve the recovery of property or money under certain special conditions. These situations may involve restrictions or special processes that differ from the general methods for decree enforcement.

  2. Particular Decrees:
    This provision applies to those specific types of decrees that necessitate additional steps for execution, such as:

    • Decrees that may involve land (e.g., recovery of immovable property).
    • Orders of possession that must be enforced in a special manner.
    • Decrees that relate to recovery of property, such as when the property is not easily accessible or requires particular action to retrieve it.
  3. Specific Methods for Execution:
    The execution of decrees under Order 21C involves a set of procedures that might be tailored to the type of decree. This may include:

    • A special warrant or order for enforcement.
    • Specific orders to address the complexities of executing a decree in certain situations (such as when the debtor is evading enforcement or the property is in a difficult location to access).
    • Directions to the court-appointed officials or officers for the execution process.

Punishment

As with other parts of Order 21, failure to comply with a decree that falls under Order 21C can result in:

  • Attachment of property or other assets.
  • Arrest and detention in the case of willful defiance of the decree.
  • Special enforcement mechanisms depending on the decree’s type, including eviction or special possession orders.

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