11. Oral application.- (1) Where a decree is for the payment of money the court may, on the oral application of the decree holder at the time of the passing of the decree, order immediate execution thereof by the arrest of the judgment debtor, prior to the preparation of a warrant if he is within the precincts of the court. (2) Written application—Save as otherwise provided by sub-rule (1), every application for the execution of a decree shall be in writing, signed and verified by the applicant or by some other person proved to the satisfaction of the court to be acquainted with the facts of the case, and shall contain in a tabular form the following particulars, namely:— (a) the number of the suit; (b) the names of the parties; (c) the date of the decree; (d) whether any appeal has been preferred from the decree; (e) whether any, and (if any) what, payment or other adjustment of the matter in controversy has been made between the parties subsequently to the decree; (f) whether any, and (if any) what, previous applications have been made for the execution of the decree, the dates of such applications and their results; (g) the amount with interest (if any) due upon the decree, or other relief granted thereby, together with particulars of any cross decree, whether passed before or after the date of the decree sought to be executed; (h) the amount of the costs (if any) awarded; (i) the name of the person against whom execution of the decree is sought; and the mode in which the assistance of the court is required, whether— (i) by the delivery of any property specifically decreed; (ii) by the attachment, or by the attachment and sale, or by the sale without attachment, of any property; (iii) by the arrest and detention in prison of any person; (iv) by the appointment of a receiver; (v) .otherwise, as the nature of the relief granted may require. (3) The court to which an application is made under sub-rule (2) may require the applicant to produce a certified copy of the decree. HIGH COURT AMENDMENTS
Allahabad.- (1) For clause (f) of sub-rule (2), substitute the following:
“(f) The date of the last application if any.” (2) Add the following proviso to sub-rule (2): “Provided that when the application files with his application a certified copy of the decree, the particulars specified in clauses (b), (c) and (h), need not be given in the application.” (24.7.1926). (3) Add the following as sub-rule (4); “(4) Where a decree for money is sought to be executed under sub-rule (2) by the arrest and detention in prison of the judgment-debtor, the application shall also state on which of the grounds mentioned in the proviso to Section 51, detention is claimed,” (19.5,1956). Andhra Pradesh.- Same as in Madras. Karnataka.- (I) after clause (f) insert clause (ft) as in Madras with the omission of the words “original” before “decree-holder”. (ii) after clause (j), (v) insert para as in Madras. (30.3.1967) Kerala.- (i) after clause (f) insert clause (ff) as in Madras. (ii) Clause (j) is substituted. The effect of substitution is that after sub-clause (v) a paragraph is added as in Madras. (9.6.1959). Madhya Pradesh.- Add the following proviso to sub-rule (2):— “Provided that, when the applicant files with his application a certified copy of the decree the particular specified in clauses (b), (c) and (h) need not be given in the application.” (16.9.1960).
Madras and Andhra Pradesh.- (P. Dis. No. 776 to 1929) - (a) In sub-rule (2) of rule 11 between clauses (I) and (g) insert the following new clause:- ‘(ff) whether the original decree-holder has transferred any part of his interest in the decree and if so, the date of the transfer and the name and address of the parties to the transfer”. (G.O Ms. No. 2084-Home of 2.9.1936) - H.G.P. Dis. No. 691 of 13.10.1936) - (b) Add the following to sub-rule (2) (j) after clause (v): “In an execution petition praying for relief by way of attachment of a decree of the nature specified in sub-rule (1) of Rule 53 of this Order, there shall not be included any other relief mentioned in this clause.” (c) Add the following proviso at the end of sub-rule (2); “Provided that when the applicant files with his application a certified copy of the decree, the particulars specified in clauses (b), (C) and (h) need not be given in the application.” Orissa.- (Amend. deleted 14.5.19841. Patna.- (a) Add the following as sub-rule (1-A) to rule I “(1-A) Where an order has been made under Section 39 for the transfer of a decree for the payment of money for execution to a Court within the local limit 1 r jurisdiction of which the judgment-debtor resides, such Court may, on the production by the decree-holder of a certified copy of the decree and an affidavit of non-satisfaction forthwith order immediate execution of the decree by the arrest of the judgment-debtor.”
(b) Substitute the words and figures “sub-rules (1) and (I-A)” for the words and figure “sub-rule (1)” in line 1 of sub-rule (2) of rule 11. (c) Delete clauses (b), (c), (d), (1) and (h) of sub-rule (2). (5.4.1961).
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