THE CODE OF CIVIL PROCEDURE (AMENDMENT) BILL, 2015

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1 1 AS INTRODUCED IN LOK SABHA Bill No. 33 of 2015 THE CODE OF CIVIL PROCEDURE (AMENDMENT) BILL, 2015 By SHRIMATI MEENAKASHI LEKHI, M.P. A BILL further to amend the Code of Civil Procedure, of BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows: 1. (1) This Act may be called the Code of Civil Procedure (Amendment) Act, (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. In the First Schedule to the Code of Civil Procedure, 1908, in Order XXI, (i) in rule 1, in sub-rule (3), clause (d) shall be omitted; (ii) in rule 6, clause (c) shall be omitted; (iii) in rule 7, the words order for execution, or of shall be omitted; (iv) rule 10 shall be omitted; Short title and commencement. Amendment of Order XXI.

2 Preparation of execution order. 2 (v) after rule 10, the following rule shall be inserted, namely: 10A. (1) Every endeavor shall be made to ensure that the execution order is drawn up as expeditiously as possible and, in any case, within the time limit as prescribed in the judgement: Provided that passing of judgement and decree shall be sufficient for the preparation of execution order and a separate application by parties shall not be necessary except for the provisions of rules 4, 15, 16 and 18. (2) The execution order shall bear the date of pronouncement of the judgement. (3) The execution order shall be signed by the judge only after he is satisfied that the order has been drawn up in accordance with the judgement.. (vi) in rule 11, sub-rules (2) and (3) shall be omitted; (vii) rule 17 shall be omitted; (viii) in rule 22, in sub-rule (1), for the words application for execution and the word application, wherever they occur, the words, order for execution and the word order, respectively, shall be substituted; (ix) in rule 26, in sub-rule (1), the words, or if application for execution had been made thereto shall be omitted; (x) in rule 37, in sub-rule (1), the words an application is for the and in pursuance of the application shall be omitted; (xi) in rule 41, in sub-rule (3), for the words not exceeding three months, the words which shall not be less than one year but which may extend upto three years shall be substituted; (xii) in rule 46C, in the proviso, for the words execution case, the words execution of the case shall be substituted; (xiii) in rule 57, in sub-rule (1), the words the application for shall be omitted; and (xiv) in rule 92, in sub-rule (5), the word proceeding shall be omitted

3 STATEMENT OF OBJECTS AND REASONS In light of the vast number of cases that are pending with the Indian courts, there is an urgent need to dispense with procedures that unnecessarily prolong litigation. The objective is to streamline legal processes in the interest of speedy and fair justice to the parties involved. This Bill seeks to remove cumbersome steps involved in the execution of a judgement of the court by the judgement-debtor without delay. The Code of Civil Procedure as it stands now allows a decree-holder to make a separate application for executing a judgement after a judgement and decree has already been passed. The question that naturally arises is why is there a need for a decree-holder to file an execution suit over and above a clear judgement and decree. The force of law should be adequately placed within such judgement and decree, and there should be no room for a judgement-debtor to parry or complacently disobey the orders of the courts. As such, defaulting parties should be penalised without allowing another opportunity for prolonging legal affairs in the form of execution proceedings. The Bill, therefore, seeks to remove the need for a separate application for execution and places execution orders in continuation of the judgement and decree process. However, only in certain cases of complex nature like Transfer to Court of Small Causes (Rule 4), Application for execution by joint decree holders (Rule 15) and Execution in case of cross decrees (Rule 18), the provision for a separate application has been retained in the Code. Hence this Bill. NEW DELHI; November 26, MEENAKASHI LEKHI 3

4 ANNEXURE EXTRACT FROM THE CODE OF CIVIL PROCEDURE, 1908 ORDER XXI EXECUTION OF DECREES AND ORDERS Modes of paying money under decree. Procedure where Court desires that its own decree shall be executed by another Court. Court receiving copies of decree, etc. to file same without proof. Application for execution. Procedure on receiving application for execution of decree. Payment under decree * * 1. (1) All money, payable under a decree shall be paid as follows, namely: * * * * (2)* * * * (3) Where money is paid by postal money order or through a bank under clause (a) or clause (b) of sub-rule (1), the money order or payment through bank, as the case may be, shall accurately state the following particulars, namely: * * * * (d) the number of the execution case of the Court, where such case is pending; and 6. The Court sending a decree for execution shall send (a)* * * * (b)* * * * (c) a copy of any order for the execution of the decree, or, if no such order has been made, a certificate to that effect. 7. The Court to which a decree is so sent shall cause such copies and certificates to be filed, without any further proof of the decree or order for execution, or of the copies thereof, unless the Court, for any special reasons to be recorded under the hand of the Judge, requires such proof. 10. Where the holder of a decree desires to execute it, he shall apply to the Court which passed the decree or to the officer (if any) appointed in this behalf, or if the decree has been sent under the provisions hereinbefore contained to another Court then to such Court or to the proper officer thereof. 17. (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 Court, there is some inaccuracy as to the amount referred to in clauses (g) and (h) of sub-rule (2) of rule 11, the Court, instead of rejecting the application, decide provisionally (without prejudice to the right of the parties to have the amount finally decided in the course of the proceedings) the amount and make an order for the execution of the decree for the amount so provisionally decided. 4

5 5 (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 signed or initialled by the Judge. (4) When the application is admitted, the Court shall enter in the proper register a note of 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. 22. (1) Where an application for execution is made, (a) more than two years after the date of the decree, or (b) against the legal representative of a party to the decree or where an application is made for execution of a decree filed under the provisions of section 44A, or (c) against the assignee or receiver in insolvency, where the party to the decree has been adjudged to be an insolvent, the Court executing the decree shall issue a notice to the person against whom execution is applied for requiring him to show cause, on a date to be fixed, why the decree should not be executed against him: Provided that no such notice shall be necessary in consequence of more than two years having elapsed between the date of the decree and the application for execution if the application is made within two years from the date of the last order against the party against whom execution is applied for, made on any previous application for execution, or in consequence of the application being made against the legal representative of the judgement-debtor if upon a previous application for execution against the same person the Court has ordered execution to issue against him. 26. (1) The Court to which a decree has been sent for execution shall, upon sufficient cause being shown, stay the execution of such decree for a reasonable time, to enable the judgement-debtor to apply to the Court by which the decree was passed, or to any Court having appellate jurisdiction in respect of the decree or the execution thereof, for an order to stay execution, or for any other order relating to the decree or execution which might have been made by such Court of first instance or Appellate Court if execution had been issued thereby, or if application for execution had been made thereto. 37. (1) Notwithstanding anything in these rules, where an application is for the execution of a decree for the payment of money by the arrest and detention in the civil prison of a judgement-debtor who is liable to be arrested in pursuance of the application, the Court shall, instead of issuing a warrant for his arrest, issue a notice calling upon him to appear before the Court on a day to be specified in the notice and show cause why he should not be committed to the civil prison: 41. (1) Where a decree is for the payment of money the decree-holder may apply to the Court for an order that (a)* * * * (b)* * * * Notice to show cause against execution in certain cases. When Court may stay execution. Discretionary power to permit judgement debtor to show cause against detention in prison. Examination of judgementdebtor as to his property.

6 6 Trial of disputed questions. Determination of attachment. Sale when to become absolute or be set aside. (c)* * * * (2)* * * * (3) In case of disobedience of any order made under sub-rule (2), the Court making the order, or any Court to which the proceeding is transferred, may direct that the person disobeying the order be detained in the civil prison for a term not exceeding three months unless before the expiry of such term the Court directs his release. 46C. Where the garnishee disputes liability, the Court may order that any issue or question necessary for the determination of liability shall be tried as if it were an issue in a suit, and upon the determination of such issue shall make such order or orders as it deems fit: Provided that if the debt in respect of which the application under rule 46A is made is in respect of a sum of money beyond the precuniary jurisdiction of the Court, the Court shall send the execution case to the Court of the District Judge to which the said Court is subordinate, and thereupon the Court of the District Judge or any other competent Court to which it may be transferred by the District Judge shall deal with it in the same manner as if the case had been originally instituted in that Court. 57. (1) Where any property has been attached in execution of a decree and the Court, for any reason, passes an order dismissing the application for the execution of the decree, the Court shall direct whether the attachment shall continue or cease and shall also indicate the period upto which such attachment shall continue or the date on which such attachment shall cease. 92. (1) (2) (3) (4) (5) If the suit referred to in sub-rule (4) is decreed, the Court shall direct the decreeholder to refund the money to the auction-purchaser, and where such an order is passed the execution proceeding in which the sale had been held shall, unless the Court directs, be revived at the stage at which the sale was ordered.

7 LOK SABHA A BILL further to amend the Code of Civil Procedure, (Shrimati Meenakashi Lekhi, M.P.) GMGIPMRND 4335LS(S3)

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