17. Procedure on receiving application for execution of decree.- (1) On receiving an application for the execution of a decree as provided by rule 11, sub-rule (2), the court shall ascertain whether such of the requirements of rules 11 to 14 as may be applicable to the case have been complied with; and, if they have not been complied with, the court shall allow the defect to be remedied then and there or within a time to be fixed by it, (1A) If the defect is not so remedied, the court shall reject the application: Provided that where, in the opinion of the court, there is some inararcy as to the amount referred to in clauses (g) and (h) of sub-rule (2) of rule 11, the court sh8ll, instead of rejecting the application, decide provisionally (without prejudice to the right of t parties to have the amount finally decided in the course of the proceedings) the amount and take an Order for the execution of the decree for the amount so provisionally decided. (2) Where an application is amended under the provisions of sub-rule (1), it shall be deemed to have been an application in accordance with law and presented on the date when it was first presented. (3) Every amendment made under this rule shall be singed or initialled by the Judge. (4) When the application is admitted, the court shall enter in the proper register a notice the application and the date on which it was made, and shall, subject to the provisions hereinafter contained, order execution of the decree according to the nature of the application: Provided that, in the case of a decree for the payment of money, the value of the property attached shall, as nearly as may be, correspond with the amount due under the decree. HIGH COURT AMENDMENTS Allahabad.- Between the words “been complied with” and “the Court may” insert the words” and if the decree-holder fails to remedy the defect within a time to be fixed by the Court”. (24.7.1926). Andhra Pradesh.- (1) For the words “or may allow fixed by it” in sub-rule (1) substitute the words “if the defect is not remedied within a time to be fixed by it”. (2) Add the following proviso at the end of the rule:— “Provided that where an execution application is returned on account of inaccuracy in the particulars required under Rule 11(2)(g), the endorsement of return shall state what in the opinion of the returning officer is the correct amount.” Act 26 of 1968, Section 3 and Sch., Pt. II (w.e.f. 5.9.1968). Assam and Nagaland.- Same as that of Calcutta: Assam High Court Order, 1948, Clause 6 and see Act 27 of 1962, Sections 13 and 15 (w.e.f. 1.12.1968).
Calcutta, Andaman and Nicobar Islands.- In sub-rule (1), cancel the words, “the Court may reject the application or may allow the defect to be remedied then and there or within a time to be fixed by it” and substitute there for the following:
“The Court shall allow the defect to be remedied then and there or within a time to be fixed by it. If the defect is not remedied within the time fixed, the Court may reject the application’ Delhi and Himachal Pradesh.- Same as that of Punjab See Act 26 of 1966, Sections 7 and 17. (1 10.1966). Kerala, Laccadive, Minicoy and Amindivi Islands.- In sub-rule (1) for the words “or may allow the defect to be remanded then and there or” substitute the words “if the defect is not remedied’. (9-6-1959) and Reg. 8 of 1965, Section 3, Act 34 of 1973, Section 5(1-11-1973). Madhya Pradesh.- In sub-rule (1) for the words “the Court may reject within a time to be fixed by it” substitute the words “the Court may allow the defect to be remedied then and there or may fix a time, Within which it should be remedied and, in case the decree-holder fails to remedy the defect within such time, the Court may reject the application”. (16-9-1960). Madras and Pondicherry.- Same as that of Andhra Pradesh Karnataka.- In Rule 17 delete sub-rule (1) and substitute the following: “(1) On receiving an application for the execution of a decree as provided by sub-rule (2) of Rule 11 of this Order, the court shall ascertain whether such of the requirements of Rules 11 to 14 as may be applicable to the case have been complied with, and if they have not been complied with, the Court may reject the application, if the defect is not remedied within a time to be fixed by the Court.” At the end of Rule 17 add the following: ‘Provided that where an execution application is returned on account of inaccuracy in the particulars required by Rule 11(2) (g), the endorsement of return shall state what in the opinion of the returning officer is the correct amount.” (30-3-1967).
Orissa.- Deleted, (25-5-1984). Patna.- In sub-rule (1) substitute the following for the words “Court may reject the application, etc” to the end of the sub-rule: -
“The Court shall allow the defect to be remedied then and there or within a time to be fixed by it, and, if the decree-holder fails to remedy the defect within such time, the Court may reject the application.” Punjab, Haryana and Chandigarh.- For the words “the Court may reject to be fixed by it” in sub-rule (1) substitute the following words: “The court shall fix a time within which the defect shall be remedied, and if it is not remedied within such time, the Court may reject the application.” See Act 30 of 1966. Sections 29 and 32. (1-11-1966). Rule 17-A Andhra Pradesh.- Add the following after Rule 17(4): “17-A. Where an application is made to a Court for the execution of a decree or order passed against a defendant in respect of whom service of summons has been dispensed with under Rule 31 of Order V the Court shall ordinarily direct stay of the execution of the decree or order against such defendant till the expiry of a period of one year after cessation of hostilities with the State in whose territory such defendant was resident:
Provided that the Court may, if it consider that the interests of justice so require, order execution on such terms as to security, or, otherwise as it thinks fit.”
Karnataka.- Same as that of Andhra Pradesh except for the ommission of the words “or order” in both places where they occur (30-2-1967). Kerala, Laccadive, Minicoy and Amindivi Islands.- After Rule 17, Rule 17-A is inserted, Rule 17-A same as that of Andhra Pradesh Act 37 of 1956, Section 60 and Regulation 8 of 1965, Section 8. (9-6-1959). Madras and Pondicherry.- Same as that of Andhra Pradesh.
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