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Measures required in certain cases preliminary to the issue of the Warrant.
LXX. If an interval of more than one year shall have elapsed between the I. C. 216-2M, date of the decree and the application for its execution, or if the enforcement of the decree be applied for against the heir or representative of an original party to the suit, the Court shall issue a notice to the party against whom execution may be applied for, requiring him to show cause, within a limited period to be fixed by the Court, why the decree should not be executed against him. Provided that no such notice shall be neces- sary in consequence of an interval of more than one year having elapsed between the date of the decree and the application for execution, if the application be made within one year from the date of the last order passed on any previous application for execution; and provided further that no such notice shall be necessary in consequence of the application being against an heir or representative, if upon a previous application for execution against the same person, the Court shall have ordered execution to issue against him.
2. When such notice is issued, if the party shall not appear or shall not show sufficient cause to the satisfaction of the Court why the decree should not be forthwith executed, the Court shall order it to be executed accordingly. If the party shall appear and shall offer any objection to the enforcement of the decree, the Court shall pass such order as in the circumstances of the case may appear to be just and proper.
3. Where the application is for a general attachment of the moveable property of the defendant, it shall be competent to the Court, if it shall think proper, before issuing an order for such attachment, to require the applicant to give security to the satisfac- tion of the Court, in such sum as may be considered adequate, for any injury that may be occasioned by the attachment of property belonging to any other person than the
defendant.
Clauses of C.L.PA
4. Before granting the order for a general attachment, or at the instance of the See Garuishees plaintiff at any time after judgment and before complete execution of the decree, the Court may summon the person against whom the application is made, and examine him as to the property liable to be seized in satisfaction of the judgment. The Court may also, of its own motion or at the instance of any person interested in the enquiry, summon any other
person whom it naay think necessary, and examine him in respect to such property, and may require the person summoned to produce all deeds and do- cuments in his possession or power relating to such property.
5. In all cases in which a summons may be issued for the attendance of a party to a suit, or any other person at any time after judgment, the rules applicable to the summoning and examination of parties and witnesses after issues recorded, shall apply to the party or witnesses so summoned.
Issue of the Warrant.
LXXI. When all necessary preliminary measures have been taken, where any such are required, the Court, unless it see cause to the contrary, shall issue the proper warrants for the execution of the decree.
2. Every warrant for the execution of a decree shall bear the date of the day on which it is issued, and shall be sealed with the seal of the Court.
Of the Execution of Decrees for immoveable Property.
I. C. 221.
LXXII. If the decree be for a house, land, or other immoveable property in the I. C. 229-231. occupancy of a defendant or some person on his behalf, or of some person claiming under a title created by the defendant subsequently to the institution of the suit, the Court shall order delivery thereof to be made by putting the party to whom the house, land, or other immoveable property may have been adjudged, or any person whom he may appoint to receive delivery on his behalf, in possession thereof, and if need be, by removing any person who may refuse to vacate the same.
2. If the decree be for land or other immoveable property in the occupancy of other persons entitled to occupy the same, the Court shall order delivery thereof to be made by affixing a copy of the warrant in some conspicuous place on the land or other immo- veable property, or by service of the warrant upon the occupants of the property.
I. C. 232-245.
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3. If in the execution of a decree for land or other immoveable property, the Officer executing the same shall be resisted or obstructed by any person, the person in whose favor such decree was made may apply to the Court at any time within one month from the time of such resistance or obstruction. The Court shall fix a day for investi- gating the complaint, and shall summon the party against whom the complaint is made to answer the same.
4. If it shall appear to the satisfaction of the Court that the obstruction or resistance was occasioned by the defendant or by some person at his instigation on the ground, that the land or other immoveable property is not included in the decree, or on any other ground, the Court shall enquire into the matter of the complaint, and pass such order as may be proper under the circumstances of the case.
5. If the Court shall be satisfied, after such investigation of the facts of the case as it may deem proper, that the resistance or obstruction complained of was without any just cause, and that the complainant is still resisted or obstructed in obtaining effectual possession of the property adjudged to him by the decree, by the defendant or some person at his instigation, the Court may, at the instance of the plaintiff, and without prejudice to any proceedings to which such defendant or other person may be liable any law for the time being in force for the punishment of such resistance or obstruction, commit the defendant or such other person to close custody for such period not exceeding thirty days, as may be necessary to prevent the continuance of such
under
obstruction or resistance.
6. If it shall appear to the satisfaction of the Court that the resistance or obstruction to the execution of the decree has been occasioned by any person, other than the defend- ant, claiming bond fide to be in possession of the property on his own account or on account of some other person than the defendant, the claim shall be numbered and registered as a suit between the decree-holder as plaintiff and the claimant as defendant and the Court shall, without prejudice to any proceedings to which the claimant may be liable under any law for the time being in force for the punishment of such resistance or obstruction, proceed to investigate the claim in the same manner and with the like power as if a suit for the property had been instituted by the decree-holder against the claimant under the provisions of this Act, and shall pass such order for staying execu- tion of the decree, or executing the same, as it may deem proper in the circumstances of the case.
7. If any person other than the defendant shall be dispossessed of any land or other immoveable property in execution of a decree, and such person shall dispute the right of the decree-holder to dispossess him of such property under the decree on the ground that the property was bond fide in his possession on his own account or on account of some other person than the defendant, and that it was not included in the decree or if included in the decree, that he was not a party to the suit in which the decree, was passed, he may apply to the Court within one month from the date of such dis- possession; and if, after examining the applicant, it shall appear to the Court that there is probable cause for making the application, the application shall be numbered and registered as a suit between the applicant as plaintiff, and the decree-holder as defendant, and the Court shall proceed to investigate the matter in dispute in the same manner and with the like powers as if a suit for the property had been instituted by the applicant against the decree-holder.
8. The decision of the Court under the provisions contained in either of the last preceding paragraphs shall be of the same force or effect as a decree in an ordinary suit; and no fresh suit shall be entertained between the same parties or persons claiming under them in respect of the same cause of action.
CHAPTER XII.
OF THE EXECUTION OF DECREES FOR MONEY BY ATTACHMENT OF PROPERTY
LXXIII. If the decree be for money, and the amount thereof is to be levied from the property of the person against whom the same may have been pronounced, the Court shall cause the property to be attached in the manner following.
2. Where the property shall consist of goods, chattels, or other moveable property in the possession of the defendant, the attachment shall be made by actual seizure, and the Sheriff or other Officer shall keep the same in his custody, and shall be responsible for the due custody thereof.
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