LEXIS AND COMPANY

 Order 22 CPC Description 1. No abatement by party's death if right to sue survives The death of a plaintiff or defendant shall not cause the suit to abate if the right to sue survives. HIGH COURT AMENDMENT Allahabad.-In Order XXII, in rule 1, at the end, insert the words "or to proceedings in the original Court taken after the passing of the preliminary decree where a final decree also requires to be passed having regard to the nature of the suit". 2. Procedure where one of several plaintiffs or defendants dies and right to sue survives Where there are more plaintiffs or defendants than one, and any of them dies, and where the right to sue survives to the surviving plaintiff or plaintiffs alone, or against the surviving defendant or defendants alone, the Court shall cause an entry to the effect to be made on the record, and the suit shall proceed at the instance of the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants. HIGH COURT AMENDME...

 Order 21C CPC Description Order XXI. EXECUTION OF DECREES AND OrderS Payment under decree 81. Vesting Order in case of other property. In the case of any movable property not hereinbefore provided for, the Court may make an Order vesting such property in the purchaser or as he may direct; and such property shall vest accordingly. Sale of immovable property 82. What Courts may Order sales. Sales of immovable property in execution of decrees may be Ordered by any Court other than a Court of Small Causes. HIGH COURT AMENDMENT Kerala.-In Order XXI, in rule 82, for the words "of Small Causes", substitute the words "exercising small cause jurisdiction". (w.e.f. 9-6-1959). 83. Postponement of sale to enable judgment-debtor to raise amount of decree. (1)Where an Order for the sale of immovable property has been made, if the judgment-debtor can satisfy the Court that there is reason to believe that the amount of the decree may be raised by the mortgage or lease or private s...

 Order 21B CPC Description Payment under decree 51. Attachment of negotiable instruments Where the property is a negotiable instrument not deposited in a Court, not in the custody of a public officer, the attachment shall be made by actual seizure, and the instrument shall be brought into Court and held subject to further Orders of the Court. HIGH COURT AMENDMENTS Allahabad.- In Order XXI, for rule 51, substitute the following rule, namely.- ?51. Where any property has been attached in execution of a decree and the Court for any reason passes an Order dismissing the execution application the attachment shall, in the absence of any Order passed by the Court, be deemed to subsist for a period of fifteen days after the dismissal of the application for execution and no fresh attachment of the same property shall be necessary if a fresh application is made, the attachment shall cease: Provided that in the case of movable property the attachment shall not be continue after an Order dismi...

 Order 21A CPC Description Payment under decree 33. Discretion of Court in executing decrees for restitution of conjugal rights (1) Notwithstanding anything in rule 32, the Court, either at the time of passing a decree 1[against a husband] for the restitution of conjugal rights or at any time afterwards, may Order that the decree 2[shall be executed in the manner provided in this rule.] (2) Where the Court has made an Order under sub-rule (1) 3[* * *] it may Order that, in the event of the decree not being obeyed within such period as may be fixed in this behalf, the judgment-debtor shall make to the decree-holder such periodical payments as may be just, and, if it thinks fit, require that the judgment-debtor shall, to its satisfaction, secure to the decree-holder such periodical payments. (3) The Court may from time to time vary or modify any Order made under sub-rule (2) for the periodical payment of money, either by altering the times of payment or by increasing or diminishing t...