Inquiry. Effect of set-off. Service of interrogatories on officer of Company. The Court shall thereupon inquire into the same, and if it finds that the case fulfils the requirements of the former part of this section, and that the amount claimed to be set-off does not exceed the pecuniary limits of its jurisdiction, the Court shall set-off the one debt against the other. Such set off shall have the same effect as a plaint in a cross-suit, so as to enable the Court to pronounce a final judgment in the same suit, both on the original and on the cross-claim; but it shall not affect the lien upon the amount decreed, of any pleader in respect of the costs payable to him under the decree. INTERROGATORIES. 124. If any party to a suit be a body corporate or a joint stock Company, whether incorporated or not, or any other body of persons Corporation or empowered by law to sue or be sued, whether in its own name or in the name of any officer or other persons, any opposite party may apply to the Court for an order allowing him to deliver interrogatories to any member or officer of such Corporation, Company or body, and an order may be made accordingly. Power to refuse to answer interrogatories 125. Any party called upon to answer interrogatories, whether by himself or by any such member or officer, may refuse to answer any interrogatory on the ground that it is irrelevant, or is not put bona fide for the purposes of the suit, or that the matter inquired after is not sufficiently material at that stage of the suit, or on any other like ground. 128. Either party may, by a notice through the Court, within a reasonable time, not less than ten days before the hearing, require the genuineness of other party to admit (saving all just exceptions to the admissibility of such document in evidence), the genuineness of any document material to the suit. Power to demand admission of documents. Costs of applications. Judgment to direct by whom The admission shall also be made in writing signed by the other party or his pleader and filed in Court. If such notice be not given, no costs of proving such document shall be allowed, unless the Judge otherwise orders. If such notice is not complied with within four days after its being served, and the Judge thinks it reasonable that the admission should have been made, the party refusing shall bear the expense of proving such documeut, whatever may be the result of the suit. Costs. 218. When disposing of any application under this Code, the Court may give to either party the costs of such application, or may reserve the consideration of such costs for any future stage of the proceedings. 219. The judgment shall direct by whom the costs of each party are costs to be paid. to be paid, whether by himself or by any other party to the suit, and whether in whole or in what part or proportion. Power of Court as to costs. 220. The Court shall have full power to give and apportion costs of every application and suit in any manner it thinks fit, and the fact that the Court has no jurisdiction to try the case is no bar to the exercise of such power: Provided that, if the Court directs that the costs of any application or suit shall not follow the event, the Court shall state its reasons in writing. Every order relating to costs made under this Code and not forming part of a decree may be executed as if it were a decree for money. Costs may be 221. The Court may direct that the costs payable to one party by set-off against another shall be set-off against a sam which is admitted or is found in found to be due. the suit to be due from the former to the latter. sum admitted or Court by which decree may be executed. CHAPTER XIX.-OF THE EXECUTION OF DECREES. 223. A. Of the Court in which Decrees may be executed. A decree may be executed either by the Court which passed it or by the Court to which it is sent for execution under the provisions hereinafter contained. The Court which passed a decree may, on the application of the decreeholder, send it for execution to another Court, (a) if the person against whom the decree is passed actually and voluntarily resides or carries on business, or personally works for gain, within the local limits of the jurisdiction of such other Court, or (b) if such person aas not property within the local limits of the jurisdiction of the Court which passed the decree sufficient to satisfy such decree, and has property within the local limits of the jurisdiction of such other Court, or (c) if the decree directs the sale of immoveable property situate outside the local limits of the jurisdiction of the Court which passed it, or (d) if the Court which passed the decree considers for any other reason, which it shall record in writing, that the decree should be executed by such other Court. The Court which passed a decree may of its own motion send it for execution to any Court subordinate thereto. The Court to which a decree is sent under this section for execution shall certify to the Court which passed it the fact of such execution, o", where the former Court fails to execute the same, the circumstances attending such failure. If the decree has been passed in a case cognizable by a Court of Small Causes and the Court which passed it wishes it to be executed in Calcutta, Madras, Bombay or Rangoon, such Court may send to the Court of Small Causes in Calcutta, Madras, Bombay or Rangoon, as the case may be, the copies and certificate respectively mentioned in clauses (a), (b) and (c) of section 224; and such Court of Small Causes shall thereupon execute the decree as if it had been passed by itself. If the Court to which a decree is to be sent for execution is situate within the same district as the Court which passed such decree, such Court shall send the same directly to the former Court. But if the Court to which the decree is to be sent for execution is situate in a different district, the Court which passed it shall send it to the District Court of the district in which the decree is to be executed. 224. The Court sending a decree for execution under section 223 Procedure when shall send Court desires that its own decree shall be another Court. (a) a copy of the decree; (b) a certificate setting forth that satisfaction of the decree has not executed by been obtained by execution within the jurisdiction of the Court by which it was passed, or, where the decree has been executed in part, the extent to which satisfaction has been obtained and what part of the decree remains unexecuted; and (c) a copy of any order for the execution of the decree, and, if no such order has been made, a certificate to that effect. copies of decree 225. The Court to which a decree is so sent shall cause such copies Court receiving and certificate to be filed, without any further proof of the decree ore, to file same order for execution, or of the copies thereof, or of the jurisdiction of the without proof. Court which passed it, unless the former Court, for any special reasons to be recorded under the hand of the Judge, requires such proof. by Court to which it is sent. Excention by 226. When such copies are so filed, the decree or order may, if the Execution of Court to which it is sent be the District Court, be executed by such decree or order Court or by any subordinate Court which it directs to execute the same. 227. If the Court to which the decree is sent for execution be a High Court, the decree shall be executed by such Court in the same manner as if it had been made by such Court in the exercise of its ordinary original civil jurisdiction. High Court of decree transmitted by other Court. Court in 228. The Court executing a decree sent to it under this chapter shall Powers of have the same powers in executing such decree as if it had been passed executing by itself. All persons disobeying or obstructing the execution of the transmitted decree shall be punishable by such Court in the same manner as if it decrees. had passed the decree. And its order in executing such decree shall be Appeal from subject to the same rules in respect of appeal, as if the decree had been executing such passed by itself. orders in decrees. Decrces of Courts estab lished by 229. A decree of any Court established by the authority of the Governor-General in Council in the territories of any Foreign Prince or Government of State, which cannot be executed within the jurisdiction of the Court by India in Native which it was made, may be executed in manner herein provided within the jurisdiction of any Court in British India. States. Application for execution. Application by joint decreeholder. Application by transferee of decree. Transferee to hold subject to equities enforceable against original holder. B. Of application for execution. 230. When the holder of a decree desires to enforce it, he shall apply to the Court which passed the decree or to the officer, if any, appointed in this behalf, or if the deeree has been sent under the provisions hereinbefore contained to another Court, then to such Coart or to the proper officer thereof. The Court may in its discretion refuse execution at the same time against the person and property of the judgment-debtor. Where an application to execute a decree for the payment of money or delivery of other property has been made under this section and granted, no subsequent application to execute the same deeree shall be granted after the expiration of twelve years from any of the following dates (namely) :— (a) the date of the decree sought to be enforced, or of the decree (if any) on appeal affirming the same, or (b) where the decrce or any subsequent order directs any payment of money, or the delivery of any property to be made at a certain date-the date of the default in making the payment or delivering the property in respect of which the applicant seeks to enforce the decree. Nothing in this section shall prevent the Court from granting an application for execution of a decree after the expiration of the said term of twelve years, where the judgment-debtor has, by fraud or force, prevented the execution of the decree at some time within twelve years immediately before the date of the application. Notwithstanding anything herein contained, proceedings may be taken to enforce any decree within three years after the passing of this Code, unless when the period prescribed for taking such proceedings by the law in force immediately before the passing of this Code shall have expired before the completion of the said three years. 231. If a decree has been passed jointly in favour of more persons than one, any one or more of such persons, or his or their representatives, may apply for the execution of the whole deeree for the benefit of them all, or, where any of them has died, for the benefit of the survivors and the representative in interest of the deceased. If the Court sees sufficient cause for allowing the decree to be executed on an application so made, it shall pass such order as it deems necessary for protecting the interests of the persons who have not joined in the application. 232. If a decree be transferred by assignment in writing, or by operation of law, from the decree-holder to any other person, the transferee may apply for its execution to the Court which passed it; and, if that Court thinks fit, the deeree may be executed in the same manner and subject to the same conditions as if the application were made by such decreeholder: Provided as follows: (a) where the deeree has been transferred by assignment, notice in writing of such application shall be given to the transferor and the judgment-debtor, and the decree shall not be executed until the Court has heard their objections (if any) to such execution : (b) where a decree for money against several persons has been transferred to one of them it shall not be executed against the others. 233. Every transferee of a deeree shall hold the same subject to the equities (if any) which the judgment debtor might have enforced against the original decree-holder. debtor die 234. If a judgment-debtor dies before the decree has been fully If judgmentexecuted, the holder of the decree may apply to the Court which passed before execuit to execute the same against the legal representative of the deceased. tion, applica tion may be Such representative shall be liable only to the extent of the property made against of the deceased which has come to his hands and has not been duly his representadisposed of; and for the purpose of ascertaining such liability, the Court tive. executing the decree may, of its own motion or on the application of the decree-holder, compel the said representative to produce such accounts as it thinks fit. Contents of 235. The application for the execution of a decree shall be in writing, application for verified by the applicant or by some other person proved to the satisfac execution of tion of the Court to be acquainted with the facts of the case, and shall decree. 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 what adjustment of the matter in dispute has been made between the parties subsequently to the decree; (f) whether any and what previous applications have been made for execution of the decree and with what result; (g) the amount of the debt or compensation, with the interest, if any, due upon the decree, or other relief granted thereby; (h) the amount of costs, if any, awarded; (i) the name of the person against whom the enforcement of the decree is sought; and (j) the mode in which the assistance of the Court is required, whether by the delivery of property specifically decreed, by the arrest and imprisonment of the person named in the application, or by the attachment of his property, or otherwise as the nature of the relief sought may require. moveable 236. Whenever an application is made for the attachment of any Application for moveable property belonging to the judgment-debtor but not in his attachment of possession, the decree-holder shall annex to the application an inventory property to be of the property to be attached, containing a reasonably accurate descrip- accompanied tion of the same. with inventory. when 237. Whenever an application is made for the attachment of any Further immoveable property belonging to the judgment-debtor, it shall contain particulars at the foot a description of the property sufficient to identify it, and also application is a specification of the judgment-debtor's share or interest therein to the for attachment best of the belief of the applicant and so far as he has been able to property. ascertain the same. Every such description and specification shall be verified in manner hereinbefore provided for the verification of plaints. of immoveable must be 238. If the property be land registered in the Collector's office, the When application for attachment shall be accompanied by an authenticated application extract from the register of such office, specifying the persons registered accompanied by as proprietors of, or as possessing any transferable interest in, the land extract from or its revenue, or as liable to pay revenue for such land, and the shares of register. the registered proprietors. C.-Staying Execution. collector's execution. 239. The Court to which a decree has been sent for execution under When Court this chapter shall, upon sufficient cause being shown, stay the execution may stay of such decree for a reasonable time, to enable the judgment-debtor to apply to the Court by which the decree was made, or to any Court having appellate jurisdiction in respect of the decree or the execution thereof, for an order to stay the execution, or for any other order relating to the decree or execution which might have been made by such Court of first instance or appellate Court if execution had been issued thereby, or if application for execution had been made thereto; and in case the property or person of the judgment debtor has been seized under an execution, the Court which issued the execution may Power to from, or impose order the restitution or discharge of such property or person pending the result of the application for such order. 240. Before passing an order under section 239 to stay execution, or require security for the restitution of property or the discharge of the judgment debtor, conditions upon, the Court may require such security from, or impose such conditions judgment upon, the judgment-debtor as it thinks fit. debtor. Liability of 241. No discharge under section 239 of the property or person of a judgment judgment-debtor shall prevent it or him from being re-taken in execution discharged to be of the decree sent for execution. debtor re-taken. Order of Court which passed decree or of Appellate Court to be binding upon Court applied to. Stay of execu tion pending suit between 242. Any order of the Court by which the decree was passed, or of such Court of Appeal as aforesaid, in relation to the execution of such decree, shall be binding upon the Court to which the decree was sent for execution. 243. If a suit be pending in any Court against the holder of a decree of such Court on the part of the person against whom the decree was passed, the Court may (if it think fit) stay execution on the decree, either and judgment absolutely or on such terms as it thinks fit, until the pending suit has been decided. decree-holder debtor. Questions to be decided by Court executing decree. Procedure on receiving application for execution of decree. Procedure on admitting application. Cross-decrees. D.-Questions for Court executing Decree. 244. The following questions shall be determined by order of the Court executing a decree and not by separate suit (namely)— (a) questions regarding the amount of any mesne profits as to which the decree has directed inquiry; (b) questions regarding the amount of any mesne profits or interest which the decree has made payable in respect of the subject-matter of a suit, between the date of its institution and the execution of the decree, or the expiration of three years from the date of the decree; (c) any other questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree. Nothing in this section shall be deemed to bar a separate suit for mesne profits accruing between the institution of the first suit and the execution of the decree therein, where such profits are not dealt with by such decree. E. Of the Mode of executing Decrees. 245. The Court, on receiving an application for the execution of a decree, shall ascertain whether such of the requirements of sections 235, 236, 237, and 238 as may be applicable to the case have been complied with; and if they have not been complied with, the Court may reject the application, or may allow it to be amended then and there, or within a time fixed by the Court. If the application be not so amended, it shall be rejected. Every amendment made under this section shall be attested by the signature of the Judge. When the application is admitted, the Court shall enter in the register of the suit a note of the application and the date on which it was made, and shall order execution of the decree according to the nature of the application: Provided that, in the case of a decree for money, the value of the property attached shall, as nearly as may be, correspond with the amount for which the decree has been made. 246. If cross-decrees between the same parties for the payment of money be produced to the Court, execution shall be taken out only by the party who holds a decree for the larger sum, and for so much only as remains after deducting the smaller sun, and satisfaction for the smaller sum shall be entered on the decree for the larger sum as well as satisfaction on the decree for the smaller sum. |