Order 21 MCQ Quiz - Objective Question with Answer for Order 21 - Download Free PDF

The correct answer is Judgement debtor’s debtor

Key Points

• A Garnishee Order is a judicial order under Order 21 Rules 46 to 46B of the Civil Procedure Code, 1908.
• It is issued by the court to a third party (called the garnishee) who owes money to the judgment debtor, instructing them not to release that money to the debtor but instead to pay it directly to the decree holder.
• The purpose is to recover money from the judgment debtor indirectly, by targeting those who owe the debtor (i.e., debtor’s debtor).
• This mechanism is especially useful in cases of recovery of debt when the judgment debtor is unwilling or unable to pay directly.

Additional Information

• Option 1. Judgment debtor – Incorrect: The garnishee order is enforced against someone who owes money to the judgment debtor, not the debtor himself.
• Option 2. Judgment debtor’s creditor – Incorrect: This person is owed by the debtor and is irrelevant for garnishment.
• Option 3. Decree holder – Incorrect: They receive the payment but are not the one ordered by the court under a garnishee order.

The correct answer is Order 21 Rule 34

Key Points

• Order 21 Rule 32 of the Civil Procedure Code, 1908 deals with execution of decrees for:
  • Specific performance
  • Restitution of conjugal rights
  • Injunctions
• If the judgment-debtor willfully fails to comply with such a decree, the court may:
  • Attach his property, or
  • Detain him in civil prison, or
  • Both, depending on the nature of the decree.
• The purpose is to compel compliance rather than to merely compensate.
• In case of restitution of conjugal rights, only attachment of property is allowed (not arrest).

Additional Information

• Option 1. Order 21 Rule 30 – Incorrect: This applies to execution of a money decree, not specific performance or injunctions.
• Option 2. Order 21 Rule 31 – Incorrect: This relates to execution of a decree for movable property not delivered, not applicable here.
• Option 4. Order 21 Rule 34 – Incorrect: This applies to execution of document or endorsement by the judgment-debtor, not to specific performance or injunctions.

The correct answer is Judgement-debtor

Key Points

• Under the Code of Civil Procedure, 1908, the right to file an execution application is conferred only upon:
• Decree holder – The person in whose favour the decree has been passed.
• Legal representative of the decree holder – If the decree holder is deceased, their legal heir may execute the decree.
• Person claiming under the decree holder – e.g., through assignment, succession, etc.
• A judgment-debtor is the person against whom the decree is passed.
• They cannot apply for execution because execution is a process to enforce a decree — which is meant against them, not by them.
• Order XXI Rule 10, CPC – Only the decree holder or someone claiming under them can apply for execution.

Additional Information

• Option 1. A decree holder: Can file for execution as the decree is passed in their favour.
• Option 2. Legal representative, if the decree holder is dead: Can file for execution as they step into the shoes of the deceased decree holder.
• Option 3. A person claiming under decree holder: Can file for execution if they lawfully derive rights from the decree holder (e.g., by assignment).

The correct answer is Option 1.

Key PointsOrder XXI Rule 92 
Sale when to become absolute or be set aside—
(1) When no application is made under rule 89, rule 90 or rule 91, or where such application is made and disallowed, the Court shall make an order confirming the sale, and thereupon the sale shall become absolute:
Provided that, where any property is sold in execution of a decree pending the final disposal of any claim to, or any objection to the attachment of, such property, the Court shall not confirm such sale until the final disposal of such claim or objection.
(2) Where such application is made and allowed, and where, in the case of an application under rule 89, the deposit required by that rule is made within thirty days from the date of sale, or in cases where the amount deposited under rule 89 is found to be deficient owing to any clerical or arithmetical mistake on the part of the depositor and such deficiency has been made good within such time as may be fixed by the Court, the Court shall make an order setting aside the sale:
Provided that no order shall be made unless notice of the application has been given to all persons affected thereby.
(3) No suit to set aside an order made under this rule shall be brought by any person against whom such order is made.
(4) Where a third party challenges the judgment-debtor's title by filing a suit against the auctionpurchaser, the decree-holder and the judgment-debtor shall be necessary parties to the suit.
(5) If the suit referred to in sub-rule (4) is decreed, the Court shall direct the decree-holder 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.

The correct answer is 'Judgment debtor's debtor'

Key Points

• In execution proceedings, particularly in garnishee orders under Order 21 Rules 46 to 46I of the Code of Civil Procedure, 1908, a garnishee is a person who owes money to the judgment debtor.
• The court may direct such a garnishee to pay the debt directly to the decree-holder (the person in whose favour the court has passed the decree), rather than to the judgment debtor.
• A 'garnishee' is a third party who is ordered by a court to turn over to a creditor the debtor's property or money.
• This typically occurs in the context of garnishment proceedings, where the creditor seeks to collect what is owed by seizing assets or funds that the debtor holds with the garnishee.
• For example, if an employee owes money to a creditor, the court may order the employer (the garnishee) to withhold a portion of the employee's wages and pay it directly to the creditor.
   

Additional Information

• Judgment debtor:
  • This is the person or entity against whom a judgment has been entered in favor of the creditor. The judgment debtor is required to satisfy the judgment, usually by paying a sum of money.
  • This option is incorrect because a garnishee is not the judgment debtor but rather a third party holding the debtor's assets.
• Judgment debtor's creditor:
  • This is the person or entity to whom the judgment debtor owes money as per the court's ruling. The creditor is seeking to collect the judgment amount from the debtor.
  • This option is incorrect because a garnishee is a third party, not the creditor.
• None of the above:
  • This option is incorrect as it does not identify the correct definition of a garnishee.

The correct answer is Option 1.

Key Points

 Setting Aside of an ex-parte Order and Order IX Rule 13
Order IX Rule 13 of the Civil Procedure Code in India provides a legal mechanism for an aggrieved defendant to seek the setting aside of an ex-parte decree, which is a decree issued in favor of the plaintiff due to the defendant’s non-appearance in the proceedings.

Here are the key points and provisions outlined in your explanation:

• Request for Reversal of Ex-parte Decree: Under Order IX Rule 13 CPC, a defendant who has been subject to an ex-parte decree in a legal proceeding has the opportunity to apply to the court that issued the decree for its reversal. The defendant must present compelling reasons for their absence in court.
• Grounds for Reversal: The defendant can seek the reversal of the ex-parte decree by demonstrating to the court that either the summons were not properly served or that they were prevented from appearing in court due to a valid and sufficient reason. If the court is satisfied with these reasons, it can pass an order rescinding the judgment against the defendant. The court may also impose conditions as it deems appropriate, which could include terms related to costs, payments to the court or other factors.
• Setting a Date for Hearing: After rescinding the ex-parte decree, the court will establish a new date for the matter to be heard. This allows both parties to present their case and participate in the legal proceedings.
• Provisions Regarding Other Defendants: The first proviso to Order IX Rule 13 of the CPC states that in certain situations, the litigation may be dismissed as to all or some of the other defendants, but it may not be dismissed as against a particular defendant.
• Proviso on Summons Irregularity: The second proviso to Order IX Rule 13 deals with cases where the defendant was given proper notice of the hearing date and had sufficient time to appear and contest the plaintiff’s claim. In such situations, if the defendant files a request to set aside an ex-parte order based solely on an irregularity in summons service, the court may not reverse the ex-parte decree.
• Restriction on Appeals: The provision also includes a restriction that states that no appeal shall be allowed under this rule to set aside the ex-parte decree if an appeal against the ex-parte decree filed pursuant to this rule has been dismissed for any reason other than the appellant’s voluntary withdrawal of the appeal.

These provisions under Order IX Rule 13 CPC are designed to ensure that defendants have the opportunity to seek relief and set aside ex-parte decrees if they can provide valid reasons for their non-appearance in court or irregularities in the legal process. It is a crucial legal safeguard to maintain fairness and due process in civil litigation.

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 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 correct answer is option 4.Key Points

• Order 21 of Civil Procedure Code 1908 deals with Mode of Execution.
• Rule 37 of Order 21 deals with discretionary power to permit judgment-debtor to show cause against detention in prison.
• It says 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 judgment-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.
• Provided that such notice shall not be necessary if the Court is satisfied, by affidavit, or otherwise, that, with the object or effect of delaying the execution of the decree, the judgment-debtor is likely to abscond or leave the local limits of the jurisdiction of the Court.
• Where appearance is not made in obedience to the notice, the Court shall, if the decree-holder so requires, issue a warrant for the arrest of the judgment-debtor.

The correct option is Option 2.

Key Points

• Procedure Where Debt Belongs to Third Person:-
• Rule 46 D of Order 21 of CPC deals with the procedure where debt belongs to a third person.
• It states that —
  • "Where it is suggested or appears to be probable that the debt belongs to some third person, or that any third person has a lien or charge on or other interest in such debt, the Court may order such third person to appear and state the nature and particulars of his claim, if any, to such debt and prove the same".
  • In the case of Food Corporation of India v. Sukh Deo Prasad (2009), the Supreme Court observed that a garnishee can set off his claim for the amount due to him by the judgment debtor.

Additional Information

•  Order 21 relates to Execution.

The correct answer is 106 rules

Key PointsOrder 21 of the Code of Civil Procedure deals with the solemn act of execution of the decrees passed by the Courts. This Order can be divided into six parts. If the Courts deal the executions while considering the applications/objections topic wise, it would be easy for them to adjudicate the matter easily. The main classification is as under: - 

(1) Applications for execution and the process to be applied.

(2) Stay of executions.

(3) Mode of executions.

(4) Sale of immovable property and movable property.

(5) Adjudication of the claims and objections.

(6) Resistance and delivery of possession.

Explanation- Section 65 of the civil procedure code says that where immovable property is sold in execution of a decree and such sale has become absolute, the property shall be deemed to have vested in the purchaser from the time when the property is sold and not from the time when the sale becomes absolute.

The correct answer is  option 3

Key Points

• A Garnishee Order is an order issued by a court under the provisions of Rule 46 of Order 21 of the Code of Civil Procedure of 1908.
• This concept has been introduced by the CPC Amendment Act of 1976.
• Ways of Stopping a Garnishee Order:
  • Pay Full Debt-
    • The principal debtor can prevent the court from passing a garnishee order if he pays the full debt of the creditor on the time given by the court of law.
    • The court can extend the time to pay the debt to the creditor instead of passing a garnishee order.
    • If payment is not made within the time specified by the court, then the court has absolute power to pass a garnishee order against him.
  • Alternative Repayment-
    • The principal debtor can make certain arrangements with the creditor to pay back the amount in an alternative way which is suitable to both parties.
    • The arrangement between the principal debtor and the creditor regarding the due debt is considered the best way to avoid a garnishee order.
    • However, the creditor does not need to accept the offer made by the debtor. It is at the discretion of the creditor to accept or reject the offer of arrangement or settlement made by the debtor.
  • Pay by Instalments-
    • The principal debtor has the power to approach the court of law assuring to pay the debt amount in instalments.
    • If the court accepts the application, the garnishee order will be terminated and the due shall be paid by the debtor through the instalments.
  • Bankruptcy-
    • On the declaration of bankruptcy, the provable unsecured debt is no longer payable, and any garnishee orders related to unsecured debt will immediately cease.

The correct option is Mr. A may treat his joint decree as a cross-decrees under Order 21 Rule 18.

Key Points

• Cross-Decree 
  • Cross decrees are decrees held by the plaintiff and the defendant against each other in different suits so that a decree-holder in one sunt is the judgment debtor in the other.
  • Such decrees are set off against each other in the executive proceeding.
• Example:-
  • A holds a decree against B for Rs.5000. A is the decree-holder here. B holds a decree against A for Rs 3000. A is a judgment debtor here. Both the decrees will be set off when A and B each apply for execution of their decree to a court which has jurisdiction to execute both the decree.
• Order 21 Rule 18 CPC, 1908 deals with the Executive of a cross decree.
• Where applications are made to a court for the execution of a cross-decrees in separate suits for the payment of two sums of Money, passed between the same parties and capable of execution at the time such Court then:
  •  If two sums are equal, satisfaction is to be entered upon both decrees.
  • If two sums are unequal, execution may be taken out only by the holder of the decree for a longer sum.
• And for so much as remains after deducting the smaller sum satisfaction for the smaller sum is to be entered on the decree for the larger sum as well as the satisfaction of the decree for the smaller sum.
  • The decree-holder in one suit must be the judgment debtor in another.
  • Sum due must be definite.
• Example:-
  • A and B are co-plaintiffs and obtained a decree against C for Rs. 1000 and C also obtained a decree for Rs. 1000 against B, here C cannot treat his decree as a cross decree under his rule because as the two sums are equal, that's why the satisfaction is to be entered upon both the decree.