Order 21 Rule 11 CPC | Civil Law for Judiciary Exams PDF Download

Oral Application for Money Decree

• When a decree involves payment of money, the court can immediately execute it by arresting the judgment debtor. 
• This can be done orally at the time of passing the decree, especially if the debtor is present in or near the court premises.

Written Application Requirement

Except for certain circumstances, all decree execution applications must be in writing. The application should be signed and verified by the applicant or someone familiar with the case details.
It must include specific details in a tabular format:
(a) Suit number
(b) Names of the parties
(c) Date of the decree
(d) Information on any appeals made
(e) Details of any payments or adjustments post-decree
(f) History of prior execution applications
(g) Amount due on the decree with interest, including any cross decrees
(h) Costs awarded
(i) Details of the person against whom the decree is enforced and the required mode of court assistance

Court Assistance Modes

• The application should specify how the court's assistance is needed, such as property delivery, attachment or sale of property, arrest and detention, appointment of a receiver, or any other relief as deemed necessary based on the decree.

Certified Copy Requirement

The court may ask for a certified copy of the decree when reviewing the application submitted under the specified rules.

High Court Amendments

Allahabad

• Substitution in clause (f) of sub-rule (2) to include the date of the last application.
• Addition of a proviso specifying conditions when a certified copy of the decree is submitted with the application.
• Inclusion of a new sub-rule (4) for decrees seeking monetary execution through arrest and detention, detailing the grounds for detention as per Section 51 proviso.

Andhra Pradesh

• Alignment with provisions in Madras.

Karnataka

• Insertion of a new clause (ft) after clause (f), following the Madras model.
• Additional paragraph after clause (j), (v) following the Madras format.

Kerala

• Introduction of a new clause (ff) after clause (f) as per Madras guidelines.
• Substitution in clause (j) leading to the addition of a paragraph after sub-clause (v) according to Madras rules.