Order 21 MCQ Quiz in বাংলা - Objective Question with Answer for Order 21 - বিনামূল্যে ডাউনলোড করুন [PDF]

ORDER XXI
Execution of Decrees and Orders

The correct option is Option 2.

Key Points

• Garnishee Order:-
  • A garnishee order is issued by the court of law to the third party in a suit, compelling him to pay a certain amount directly to the creditor instead of paying it to the debtor.
  • A garnishee may be ordered by the court not to pay the debt to his creditor (i.e. judgment debtor) but to deposit the amount in the court. 
  • A garnishee order is thus an order served on garnishee attaching a debt in his hand.
• Case:- Krishna Singh v. Mathura Ahir (1980)
  • The Supreme Court held that a garnishee order plays an important and significant role in the execution of a decree.
• Notice to garnishee:-
  • Rule 46A of Order 21 of CPC contains provisions regarding notice to garnishee.

Additional Information

•  ORDER XXI of CPC deals with Execution of Decrees and Orders

The correct option is Option 1.

Key Points

• Enforcement of a decree for restitution of conjugal rights under Order XXI Rule 32 of the Code of Civil Procedure of 1908 involves the following process:
  • Attachment of Property:
    • The court may order the attachment of the property of the judgment debtor (the party against whom the decree is passed) to enforce the decree.
    • The attachment could be of movable or immovable property.
  • Sale of Property:
    • After the attachment, if the judgment debtor fails to comply with the decree, the court may order the sale of the attached property to recover the amount specified in the decree.
  • Arrest:
    • In certain cases, the court may order the arrest of the judgment debtor if other methods of enforcement prove ineffective.
    • The judgment debtor may be detained in civil prison until they comply with the decree or until the court orders their release.
• It is important to note that enforcement measures can vary based on the specific circumstances of the case and the laws of the jurisdiction in which the decree is being enforced.
• Additionally, the court will typically provide the judgment debtor with an opportunity to comply with the decree before resorting to more coercive measures such as arrest or sale of property.

The correct answer is option 2.Key Points

• Order 21 under C.P.C. 1908 deals with Mode of Execution .
• Rule 90 of O.21 deals with application to set aside sale on ground of irregularity or fraud.
• Where any immovable property has been sold in execution of a decree, the decree-holder, or the purchaser, or any other person entitled to share in a rateable distribution of assets, or whose interests are affected by the sale, may apply to the Court to set aside the sale on the ground of a material irregularity or fraud in publishing or conducting it.
• No sale shall be set aside on the ground of irregularity or fraud in publishing or conducting it unless, upon the facts proved, the Court is satisfied that the applicant has sustained substantial injury by reason of such irregularity or fraud.
• No application to set aside a sale under this rule shall be entertained upon any ground which the applicant could have taken on or before the date on which the proclamation of sale was drawn up.
• Explanation of rule mention the mere absence of, or defect in, attachment of the property sold shall not, by itself, be a ground for setting aside a sale under this rule.

The correct answer is option 2.
Key Points

• Order 21 Rule 32 provides Decree for specific performance for restitution of conjugal rights, or for an injunction.
• Order 21 Rule 32 (1) says where the party against whom a decree for the specific performance of a contract, or for restitution of conjugal rights, or for an injunction, has been passed, has had an opportunity of obeying the decree and has wilfully failed to obey it, the decree may be enforced in the case of a decree for restitution of conjugal rights by the attachment of his property or, in the case of a decree for the specific performance of a contract or for an injunction by his detention in the civil prison, or by the attachment of his property, or by both.
• Where any attachment has remained in force for six 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 such compensation as it thinks fit, and shall pay the balance (if any) to the judgment-debtor on his application.
• Rule 33 provides the discretion of Court in executing decrees for restitution of conjugal rights.

The correct option is Option 1.

Key Points

• Delivery of property:-
  • Delivery of property is one of the most famous modes of executing a treaty.
  • According to Order XXI Rule 79, it is said that when the property that is sold is a movable property of which actual seizure has been made, it shall be delivered to the purchaser.
  • Rule 35 of Order XXI discusses the rules regarding the decree of immovable property.
  • According to this rule, "When the decree is for the delivery of immovable property, the property can be delivered to the person to whom it has been adjudged or to the representative of that person.
    • This delivery has to be made after removing any person bound by the decree who refuses to vacate the property.
    • When the decree is for the joint possession of the immovable property, the possession shall be delivered after affixing the copy of the warrant in a place that is visible.
    • When the person in possession is not providing free access to the property, then the Court can remove or open any lock or bolt or break open any door or do any other act necessary for putting the decree-holder in possession after giving proper warning to the women in that property."

The correct option is Option 1.

Key Points

• Enforcement of a decree for restitution of conjugal rights under Order XXI Rule 32 of the Code of Civil Procedure of 1908 involves the following process:
  • Attachment of Property:
    • The court may order the attachment of the property of the judgment debtor (the party against whom the decree is passed) to enforce the decree.
    • The attachment could be of movable or immovable property.
  • Sale of Property:
    • After the attachment, if the judgment debtor fails to comply with the decree, the court may order the sale of the attached property to recover the amount specified in the decree.
  • Arrest:
    • In certain cases, the court may order the arrest of the judgment debtor if other methods of enforcement prove ineffective.
    • The judgment debtor may be detained in civil prison until they comply with the decree or until the court orders their release.
• It is important to note that enforcement measures can vary based on the specific circumstances of the case and the laws of the jurisdiction in which the decree is being enforced.
• Additionally, the court will typically provide the judgment debtor with an opportunity to comply with the decree before resorting to more coercive measures such as arrest or sale of property.

The requirment of order 21 rule 11 to rule 14 are mandatory

Yes, if the payment or adjustment is incorporated into a document, the judgment debtor can plead satisfaction of money decree by payment in money decree by cash outside the court

Order 21, Rule 46A, Garnishee means the judgment debtor's debtor.

A garnishee order is an order passed by an executing court directing or ordering a garnishee not to pay money to judgment debtor since the latter is indebted to the Garnisher (decreeholder). It is an order of court to attach money or goods belonging to the judgment debtor in the hands of a third person.

Explanation: Order XXI Rule18 Execution in cases of cross decree - Where applications are made to a court for the execution of cross decrees in separate suits for the payment of two sums of money passed between the same parties and capable of execution at the same time by such court. Hence, A. .