What is order 21 rule 32 of CPC?
Asked by: Junius Donnelly | Last update: May 9, 2026Score: 4.4/5 (39 votes)
Order 21, Rule 32 of India's Code of Civil Procedure (CPC) details how to enforce decrees for injunctions (prohibitory or mandatory), restitution of conjugal rights, or specific performance, allowing courts to imprison the judgment-debtor, attach their property, or both, if they willfully disobey the order, ensuring compliance by making the decree effective and not just a paper order.
What is order 21 rule 32?
Rather, Order 21 Rule 32 CPC prescribes that for execution of a decree if any act is required to be done by the judgment debtor, the Executing Court can order that such an act be done by the judgment debtor; as claimed.
What is the order 32 of the Civil Procedure Code?
(1) Where the defendant is a minor the Court, on being satisfied of the fact of his minority, shall appoint a proper person to be guardian for the suit for such minor. (2) An order for the appointment of a guardian for the suit may be obtained upon application in the name and on behalf of the minor or by the plaintiff.
What is the order 21 rule of CPC?
For the applicability of Order 21 Rule 29 CPC, two conditions are to be fulfilled; (1) a proceeding in execution of the decree of that Court started at the instance of the decree holder against the judgment- debtor and (2) a suit at the instance of the same judgment-debtor against the holder of the decree of that Court ...
What is the time limit for filing execution petition?
Period of limitation under 'The Limitation Act, 1963' for filing of execution petition is 12 years from the date that the decree becomes enforceable.
डिक्री निष्पादन में कब्ज़ा छिनने से पहले रोकें | Order 21 Rule 97 CPC | Supreme Court का बड़ा फैसला
Can an execution petition be dismissed?
EP can be dismissed with liberty to file fresh EP after disposal of appeal. The limitation will be saved since the decree will merge with the appellate court decree and the time will run afresh after the disposal of the appeal.
Can a recovery suit be filed after 3 years?
As per the schedule prescribing limitation, there is a limitation of 3 years for filing Suits relating to recovery of money and suits under a contract. There is a limitation period of 12 years for suit relating to possession of immovable property and 1 year for suits arising out of torts.
What is under order 21 rule 34 cpc format?
(1) Where a decree is for the execution of a document or for the endorsement for a negotiable instrument and the judgment-debtor neglects or refuses to obey the decree, the decree-holder may prepare a draft of the document or endorsement in accordance with the terms of the decree and deliver the same to the Court.
Can a suit dismissed for default be restored?
- Where a suit is dismissed under rule 2 or rule 3, the plaintiff may (subject to the law of limitation) bring a fresh suit; or he may apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for [such failure as is referred to in rule 2], or for his non-appearance, ...
What are common CPC mistakes?
Not coding to the highest level of ICD-CM specificity. Not being familiar with coding guidelines that require combination codes. Combination codes must be specific and cannot be reported separately (For example, E11. 22 is Type 2 diabetes mellitus with diabetic chronic kidney disease.
What is the rule 32 of the CPC?
(1) 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 ...
What is the new rule of divorce in India?
1. Waiving the 6-Month Waiting Period: The Supreme Court, in a judgment passed by Justices Indira Banerjee and J. K. Maheshwari on December 11, 2021, stated that it has the power to make an exception to the 6-month waiting period usually required for divorce by mutual consent under Hindu law.
Can wife of void marriage claim maintenance?
The Supreme Court has ruled that spouses in void marriages can still claim permanent alimony and interim maintenance under the Hindu Marriage Act, 1955.
What is rule 21 in court?
Misjoinder and Nonjoinder of Parties. Misjoinder of parties is not a ground for dismissing an action. On motion or on its own, the court may at any time, on just terms, add or drop a party. The court may also sever any claim against a party.
Can a suit be dismissed for misjoinder of parties?
The general rule is that a suit cannot be dismissed only on the ground of non-joinder or misjoinder of parties. There would be misjoinder of parties if person having a separate cause of action file a suit jointly.
What is the code of civil procedure 32?
(a) issue a warrant for his arrest; (b) attach and sell his property; (c) impose a fine upon him 1 [not exceeding five thousand rupees]; (d) order him to furnish security for his appearance and in default commit him to the civil prison.
How long does a dismissed case stay on your record?
A dismissed case stays on your record permanently unless you take action to have it expunged or sealed, which involves a court process and specific eligibility criteria, often requiring waiting periods based on the offense type and state laws, but it generally won't show on standard background checks after a few years if sealed. While some non-convictions might automatically seal in certain states, you usually need to file a petition to remove or hide dismissed charges from public view and official background checks.
What evidence is needed to reopen a case?
A motion to reopen must state new facts and be supported by documentary evidence. Resubmitting previously provided evidence or reasserting previously stated facts will not meet the requirements of a motion to reopen.
What is the time period for restoration of suit?
An application for restoration could be filed under Order 9 and the limitation for restoration is 30 days from the date of dismissal as per Article 122 of Limitation Act.
When can a decree not be executed?
Article 137 of the Limitation Act, 1963
If a party fails to file an execution petition within this period, the decree becomes time-barred and unenforceable unless condonation of delay is allowed under Section 5 of the Limitation Act (in some exceptional cases).
What is an example of a mistake of fact in a contract?
For instance, a mistake of fact has occurred when someone unintentionally takes another's property, believing it to be their own, or if two people agree on a contract but do not realize that they both have a different interpretation of the agreement.
What is order 21 of CPC?
Garnishee Proceedings: Order 21, Rules 46-46F CPC:- Garnishee. proceedings allow the decree-holder to attach debts owed to the judgment debtor by a third party (the garnishee). The Civil court may order the garnishee to pay the amount directly to the decree-holder.
What happens after 7 years of not paying debt in India?
After seven years of non-payment, the delinquent credit card debt typically disappears from your credit report, as dictated by the Fair Credit Reporting Act (FCRA). However, the debt itself is not erased. Debt collectors may still attempt to collect.
What is the limitation period for recovery of possession?
Further, the Court noted that Article 65 stipulates that a suit filed for recovery of possession based on title should be filed within a period of 12 years when possession of the defendant becomes adverse to the plaintiff concerned.
What is the maximum court fee for DRT?
Rs. 1,000 for every one lakh, subject to a maximum of Rs. 1,50,000. (1) Every application filed under rule 4 shall set forth concisely under distinct heads, the grounds for such application and such grounds shall be numbered consecutively and shall be typed in double space on one side of the paper.