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Bare acts > Code of Civil Procedure, 1908 > Order 21 Rule 31
 
  


 

31. Decree for specific movable property.- (1) Where the decree is for any specific movable, or for any share in a specific movable, it may be executed by the .eizure4 if practicable, of the movable or share, and by the delivery thereof to the party to whom it has been adjudged, or to such person as he appoints to receive delivery on hi behalf, or by the detention in the civil prison of the judgment debtor, or by the attachment of his property, or by both.

(2) Where any attachment under sub-rule (1) has remained in force for three months, if the judgment debtor has not obeyed the decree and the decree holder has applied to have the attached property sold, such property may be sold, and out of the proceeds the court may award to the decree holder, in cases where any amount has been fixed by the decree to be paid as an alternative to delivery of movable property, such amount, and, in other cases, such compensation as it thinks fit, and shall pay the balance (if any) to the judgment debtor on his .application
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(3) Where the judgment debtor has obeyed the decree and paid all costs of executing the same which he is bound to pay, or where, at the end of three months from the date of the attachment, no application to have the property sold has been made, or, if made, has been refused, the attachment shall cease.


HIGH COURT AMENDMENTS

Allahabad.- In sub-rules (2) and (3) for the words “six months” wherever they occur, read “three months, or such extended time as the Court may for good cause direct.” (24.7.1926).

Andhra, Assam and Nagaland, Calcutta, Delhi and H.P., Kerala, Madras & Pondicherry, M.P., Orissa, Patna, Punjab, Haryana and Chandigarh.- (i) In sub-rules (2) and (3) for the words “six months” substitute “three months”.

(ii) Add sub-rule (4) as follows

‘(4) The Court may, for sufficient cause, extend the period of three months mentioned in sub-rules (2) and (3) to such period not exceeding six months on the whole as it may think fit.”

Karnataka.- Add the following as sub-rule (4) to Rule 31:

“(4) The Court may on application extend the period of three months mentioned in sub-rules (2) and (3) to such period not exceeding six month on the whole as it may think fit.” (30-3-1967).

 

 

 

 

 

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