Government of Sikkim , Department of Cooperation

Chapter X

EXECUTION OF AWARDS, DECREES, ORDER AND DECISIONS

PART-I

ENFORCEMENT OF CHARGE

85.	.Application under section 80 :
1.	every application under Section 80 shall be made in Form M and shall be signed by a person authorized by the committee of a society if shall be accompanied an inventory of the property to be sold containing a reasonably accurate description of the same.
2.	No application under sub-rule (1) shall be entertained unless the society making the application deposits the necessary fee for expenses of the sale of the property which shall be 5 percent of the outstanding debts or demand of the society against the defaulter in respect of which the application is made irrespective of the fact whether that much amount is recovered or not by sale of the property subject to charge.
3.	On receipt of the application referred to in the sub rule (1) the Registrar or any other officer authorized by him in this behalf in writing (hereinafter referred to as the Sales Officer) shall, if is satisfied that the particulars set forth in the application are correct, prepare a demand notice in duplicate in Form N, and serve or cause to be serve on the member, past member, or the nominee. Heir or legal representative of the deceased member, if he is present or upon some adult made member of his family or upon his authorized agent, or when such service cannot be effected, shall affixed or cause to be affixed a copy of the demand notice on some conspicuous part of his residence or place where the property subject to, charge is kept, if the member or past member or nominee, heir or legal representative of the deceased member fails to pay the debts or outstanding within the period specified in the notice the Sales Officer shall proceed to sell the property.
4.	The provision of part III of this chapter shall, in so far as they are not repugnant to the subject to context, apply to the sale of the property or interest in the property as if the society which made the application is a decree holder and the member, past member or the nominee heir or legal representative of the deceased member, is a defaulter judgment debtor.



	PART II
	EXECUTION OF DECISION, AWARDS OR ORDER
	BY THE COLLECTOR ACCORDING TO THE PROVISIONS
	OF LAND REVENUE CODE
86.	Procedure for Execution by the collector :
1.	Where any decision, award or order providing for the recovery of money is executable by the collector under clause (a) of section 81, it shall be executed by a Revenue Officer empowered by the Collector by general or special order to do so (hereinafter referred to as the “Recovery Officer”), in accordance with provisions of the act for the time being in force in the State of Sikkim relating to the recovery of land revenue, the rules, orders or regulations issued there under from time to time (hereinafter referred to as the “Land Revenue Code”)
2.	When any decree holder desire to have the decree executed through the Collector under clauses (a) of section 81, he shall apply to the Registrar in Form O for the issue of a certificate for the recovery of the decretal amount as arrears of land revenue. The application shall be delivered in the office of the Registrar personally and a receipt obtained or sent by the registered post.
3.	Soon after the receipt of the application, the Registrar shall call for the original record of arbitration and shall check up the contents of the application with reference to original record. If he is satisfied about the correctness and geniuses of the application, he or any officer authorized by him shall the certificate in Form P to the decree holder.
4.	Soon after the issue of the certificate referred to in sub rule (3) the decree holder shall apply in Form Q to the Recovery officer delivered in person and a receipt obtained or send by registered post. The application shall be accompanied by;
a.	a Certified copy of the awards;
b.	original certificate as issued by the registrar under sub-rule (3);
c.	receipted pay-in-slip for deposit of execution fee in the financing Bank.
5.	If the application mentioned in sub rule (4) is complete in all respects and is accompanied by all the documents, the same shall be entered in the Demand register and given a distinctive case number and shall be dealt with by the Recovery Officer as if it a suit filed by the decree holder against the judgment debtor. This case number shall be quoted in all processes issued in the case from time to time. He shall thereafter issue various process for the recovery of the decretal amount according to the land Revenue Code.
6.	The decree holder shall deposit in the “Settlement and Execution Expense Fund” an initial lumpsum fee of Rs. 25/ for issue of process in the execution case thereafter, a fee of 5 percent shall be charged on all sums recovered by the Recovered Officer from the Judgment Debtor which shall be credited to the aforesaid fund. 87.


87.	Accounting Procedure :
1.	All amounts recovered from the judgment debtors by the Recovery Officer shall first be deposited in the current account to be kept in his official designation in the financing banking which shall be operated by him. The payment to decree holder of all amounts recovered on his behalf during the course of execution proceedings shall be made by the recovery Officer by crossed cheques drawn on the above current account against the deposits relating to the decree holder after deducting the recovery fee of 5 percent on the gross amount recovered.
2.	The Recovery officer shall keep separate personal ledger account of each decree holder in which all the relevant details of recoveries made with names of defaulters from whom made payment made to decree holder from time to time and expenses recovered shall be entered. Individual entries in this ledgers shall be attested by the Recovery Officer in token of its correctness.
3.	A case book shall be kept in which all recoveries and deposits made in the bank through the payment made through the bank shall be entered in chronological order on rendition of account by each bailiff at least once in a week. The entries in a cash book and those in a personal ledger account shall be interlinked by giving corresponding ledger folio numbers.
4.	separated account of receipt and issue of receipt books shall be kept by the Recovery officer. The receipt books shall remain in the personal safe custody of the Recovery officer.
5.	Each bailiff shall deposit the amount recovered by him the financing bank in the current account of the Recovery Officer. Each bailiff shall render to the accountant appointed by the Recovery Officer a true and faithful account of all receipt and deposits made by him shall be entered in the cash book with full clarity and all the entries made in the cash book shall there be attested by the Recovery officer. Any unusual delay in deposit of the amount in the financing bank by any bailiff shall be brought to the personal notice of the Recovery officer by the Accountant.
6.	The Recovery Officer shall be responsible for the maintenance of true and correct accounts of the recoveries and deposits. He shall also act as the controlling officer in respect of the staff maintained and paid out of the “Settlement and Execution Expenses Fund” in accordance with the regulations of the Fund.


88.	Mode of payment of Decretal Amount :
1.	All money payable under the certified awards shall be paid as follows.
a.	with the Recovery Officer or with any person authorized by him against official receipt:
b.	out of the court to the decree holder where any payment is made under clauses
a.	notice of payment shall be made by the Recovery Officer to the decree holder.
2.	Where any money payable under an awards under execution is paid by the judgment debtor to the decree holder or the awards is, otherwise adjusted in whole or in part to the satisfaction of the decree holder, the decree holder shall satisfy payment or adjustment to Recovery Officer and he shall record such payment or adjustment in the personal ledger account maintained by him.
3.	The Judgment debtor may also inform the Recovery Officer of payment or adjustment any apply to him to issue a notice in Form R to the decree holder to show cause on a day to be fixed by the Recovery officer why such payment or adjustment should not be recorded in the personal ledger account of the decree holder as having been paid or adjusted in the execution proceeding and if after service of such notice, the decree holder fails to show cause the Recovery Officer may record the payment or adjustment in the above manner. A payment or adjustment which has not so been recorded as aforesaid, shall not be recognized by the Recovery Officer executing the award.


89.	Cost Of Execution
	The Recovery Officer executing the awards may recover from the judgment debtor in addition to the decretal amount, the cost of execution as arrears of land revenue and pay the same to the decree holder.


90.	Transfer of Decrees :
	Where any property to be sold in realization of any decree is situated outside the State of Sikkim, the decree shall be forwarded for execution in accordance with the provisions of the Revenue Recovery Act, 1880 to the Collector of that District where the property of Judgment debtor/defaulter is situated.


	PART - III
	EXECUTION OF DECISION, AWARDS OR ORDER
	BY THE REGISTRAR
91.	Procedure in Execution :
1.	Where any decree holder desires to have the decree executed under provisions of clause (b) of section 81, he shall apply to the Registrar or the Officer authorized by the Registrar in this behalf by a special or general order (hereinafter referred to the “ Recovery Officer”) in form S which shall be signed by the decree holder. The decree holder shall indicate whether he desires to proceed against the person of the defaulter or against his movable or immovable property or both and shall state in what way he wants the assistance of the Registrar according to the Act and Rules.
2.	.On receipt of the application referred to in sub rule (1), the Recovery Officer shall call for original record and shall verify the correctness and genuineness of the particulars set forth in the application with the records.
3.	The Recovery officer shall, on being satisfied about the correctness and genuineness of the application received by him, order executive of the decree.
a.	by delivery of any property specifically decree;
b.	by attachment and sale or sale without attachment of any property;
c.	by attest and detention of person;
4.	4. Where in the proceedings under clause 9b) of section 81; any person required the issue of any process or objects to any process or objects to any process issued or proposed to be issued or requires the adjournment of any proceedings, he shall pay the fee as fixed Schedule II which may be revised by the Registrar from time to time. There after the Recovery officer shall issue processes.
5.	The provision of section 36 to 74, 135,135, A and Order XXI in the First Schedule of the Code of Civil Procedure, 1908 shall mutatis mutandis apply to the executions ordered under clause (b) of section 81 and the Registrar or the Recovery Officer as the case may be shall be deemed to be the executions court for the purpose of those sections.
6.	Without prejudice to the generality of the foregoing sub rule, a demand notice stating therein the relief claimed by the decree holder shall be prepared in duplicate in Form T by the Recovery officer who shall it to the defaulter together with a copy of the application filed by the decree holder and obtain the signature of the defaulter on the duplicate in token of his having received the demand notice with the copy of the application.


92.	Order in which proceeding shall be taken :
	Unless the decree holder has indicated under sub-rule (4) of rule 91 the order in which the property of the defaulter shall be proceeded against, the execution shall ordinarily be taken in the following manner, namely;-
i.	Movable property of the defaulter shall be first proceeded against; but nothing in the clause shall preclude the immovable property being against simultaneously in case of necessity.
ii.	. If there is no movable property, or if the sale proceeds of the movable property, or properties attached and sold are insufficient to meet in full the demand of the decree-holder, the immovable property mortgaged to the decree-holder or other immovable property belonging to the defaulter, may be proceeded against.1


93.	Rules for seizure and sale of movable property
	In the seizure and sale of movable property the following rules shall be observed ;
i.	The Recovery Officer shall, after giving previous notice to be decree-holder, proceed to the village where the defaulter resides or the property to be detrained is situated and serve the demand upon the defaulter in Form U. If the demand together with the interest and all expenses is not at once paid, the Recovery Officer shall make the distress and shall immediately deliver to the defaulter a list of inventory of the property detrained and an intimation of the place, day and hour at which the detrained property will be brought to sale if the amounts due are not previously discharged. If the defaulter is absent, the Recovery officer shall serve the demand notice on some adult member of his family, or on his authorized agent, or when such service cannot be effected, shall affix a copy of the demand notice on some conspicuous part of his residence. He shall then proceed to make the distress and shall fix the list of the property attached on the usual place of residence of the defaulter endorsing thereon the place where the property may be lodge or kept and an intimation of the place. Day and hour of sale if the amount due are not previously discharged.
ii.	after the distress is made the Recovery Officer may arrange for the custody of the property attached with the decree-holder or otherwise.
iii.	If the Recovery officer requires the decree-holder to undertake the custody of the property, he shall be bound to do so and any loss incurred owing to his negligence shall be made good by the decree-holder. If the attached property is livestock, the decree-holder shall be responsible for providing the necessary food therefore.
iv.	The Recovery Officer may, at the instance of the defaulter or of any person claiming an interest in such property, leave it in the village or place where it was attached, in the charge of such defaulter or person if he enters into a bond in Form V with one or more sureties of the production of the property at the place of sale when called for.
v.	The distress shall be made after sunrise and before sunset not any other time.
vi.	The distress levied shall not be excessive, that is to say, the property detrained shall be as nearly as possible proportionate to the sum due by the defaulter together with interest and all expenses incidental to the distraint, detention and sale.
vii.	If crops attached are standing crops belonging to a defaulter the Recovery Officer may cause them to be sold when fit for reaping or gathering or at his option may cause them to be reaped or gathered in due season and stored in proper place until sold. In the latter case the expenses of reaping or gathering and storing crops or products shall be defrayed by the owner upon his redeeming the property or from the proceeds of the sale in the event of its being sold.
viii.	The recovery Officer shall not work the bullocks or cattle, or make use of the goods or effects distrained, and he shall provided the necessary food for the cattle or the livestock distrained until the same are sold and the express incidental there to shall be defrayed by the owner his redeeming the property, or from proceeds of the sale, in the event of it being sold.
ix.	The Recovery Officer may force upon any stable, cow houses, granary, godown out house or other building and the he may also enter any dwelling houses, the outer door of which may be open and may break open the door of any room in such dwelling houses for the purpose of attaching property belonging to a defaulter and lodged therein, provided always that it shall not be lawful for the Recovery Officer to break open or enter any apartment in such dwelling houses appropriated for the occupation of women expect as here in after provided.
x.	Where the Recovery Officer may have reason to support that the property of a defaulter is lodged within a dwelling house the outer door of which may be shut, or within any apartment appropriate to women which, by the usage of the country, are considered Private, the Recovery Officer shall represent the fact to the officer-in-charge in the nearest police station. On such representation, the officer-in-charge of the said station send a police officer to the spot in the presence of whom the Recovery officer may force open the outer door of such dwelling houses in like manner as he may break open the door of any other room within the houses. The Recovery Officer may also in the presence of the police Officer, after due notice given for the removal of women and after furnishing means for their removal in suitable manner (if they be women of rank who according to the customs of the country cannot appear in public) enter the rooms for the purpose of distraining the property of the defaulter, in any defaulter deposited therein but such property, if found shall be immediately removed from such rooms, after which they shall be left free to the former occupants.
xi.	The Recovery Officer shall on the day previous to and on the day of sale cause proclamation in Form W as also by beat of drum in the village in which the defaulter resides and in such other place or places as the Registrar may consider necessary to give the publicity to the time and place of sale of the property distrained.
Xii.	No sale take place until after the expiration of the period of fifteen days from the date on which the sale notice has been served or affixed in the manner specified in clause (i), provided that where the property seized is subject to speedy and natural decay; or where the expenses of keeping it in custody are likely to exceed its value the Recovery Officer may sell it at any time before of the said period of fifteen days unless the amount due is sooner paid.
xiii.	At the appointed time the property shall be put up in one or more lots as the Recovery Officer may consider advisable and shall be disposed of to be highest bidder provided it shall be open to the Recovery Officer to decline to accept the highest bid where the price offered appears to be unduly low or for other sufficient reason. Provided further, that the Registrar or the Recovery Officer may, in his discretion, adjourn the sale to a specified day and hour, recording his for such adjournment
xiv.	Where the property is sold for more than the amount due, the excess amount after reducing the interest and the expenses of process and the other charges shall be paid to the defaulter.
xv.	The property shall be paid for in cash at the time of sale or as soon thereafter as the officer holding the sale shall appoint and permit on such terms and conditions as he may fit to impose and the purchaser shall not be permitted to carry away any part of the property until he has paid for it in full.
xvi.	Where the purchaser fails in the payment of the purchaser money, any counter deposit made by the purchaser shall be forfeited and credited towards the sale proceeds and the property shall be resold.
xvii.	Where it is proved to the satisfaction of any civil court of competent jurisdiction that any property which has been distrained under these Rules has been forcibly or clandestinely removed by any person the court may order forthwith such property to be restored to the Recovery Officer.
xviii.	Where prior to the day fixed for sale, the defaulter or any person acting on his behalf or any person claiming an interest in the property attached pays the full amount due, including interest and other costs incurred in attaching the property, the Recovery Officer shall cancel the order of attachment and release the property forth with.
xix.	No member of the committee of a society for Recovery of whose due the sale is being made, shall without the express permission of the Registrar bid either directly or indirectly for the purchase of the property which is subject to charge under section 42.
xx.	No officer of other person having a duty to perform in connection with any sale shall. Weather directly or indirectly bid for, acquire or attempt to bid or acquire any interest in the property sold.
xxi.	Where the property is sold, of which actual seizure has been made, it shall be delivered to the purchaser. Where the property sold is in the possession of any person delivered thereof to the purchaser shall be made by giving notice to the person in possession prohibiting him delivering possession of the property possession to any other person expect the purchaser.


94.	Attachment of salary or allowances of public officer or of a servant of a Railway Administration or Local Authority or Firm:

	Where the movable property to be attached is the salary or allowance or wages of a public officer or of a servant of railway administration or local authority or a firm, or company, the Recovery Officer may issue an order in Form X direction the officer or other responsible to disburse the salary, that the amount shown in the order shall, subject to the provisions of section 60 of the Code procedure, 1908, be withheld from the salary or allowance oe wages either in one lumpsum or by monthly installments as the Recovery Officer may direct and upon service of the order the officer or other person responsible to disburse such salary or allowance or wages shall withhold and remit to the Recovery Officer, the requisite amount.


95.	Attachment of Decree :
1.	Where the property to be attached is a decree either for the payment of money or for sale in enforcement of mortgage or charge, the attachment shall be made
a.	If the decree sought to be attached was passed by the Registrar or by any person to whom a dispute was referred by the Registrar under section 73 by an order of the Registrar on the application made by the Recovery Officer in this behalf;
b.	if the decree sought to be attached was passed by a Court and has not been sent for execution any other Court by the issue to such Court of a notice by Recovery Officer requesting such Court to say the execution of its decree unless and until—
	i. The Recovery Officer cancels the notice, or
	The holder of the decree sought to be executed by the or the judgment debts thereof applies to the Court receiving such notice to execute its own decree; and
c.	If the decree sought to be attached is pending execution in a Court which did not pass the same, by the Recovery Officer seeking to attach such decree in execution by sending notice referred to in clause (b) to such Court, where upon the provisions of the clause shall apply in the same manner as if such Court has passed the decree and the said notice had been to it in pursuance of the said clause.
2.	Where the Registrar makes an order under clause (a) of sub – rule (1) or when a Court receives a notice under clause (b) or (c) of the said sub-rule the Registrar of the Court shall, on the application of decree-holder who has got the decree attached or his defaulter proceed to executed the decree and apply the net proceeds in satisfaction of the decree being executed by the Recovery Officer.
3.	The holder of decree sought to be executed by the attachment of another decree of the nature specified in sub-rule (1) shall be deem to be the representative of the holder of the attached decree to be entitled to executed such attached decree in any manner lawful for the holder thereof.
4.	The holder of decree attached under this shall give the Court, the Recovery Officer executing the decree such information and aid as may responsibly be required.
5.	On the application of the holder of a decree sought to executed by the attachment of another decree, the Recovery Officer shall give notice of the order of attachment to the Judgment – debtor bound by the decree attached, and no payment of adjustment of the attached decree made by the judgment –debtor after receipt of notice thereof, shall be recognized so long as the attachment remains in force.


96.	Attachment of debt, share and other property not in possession of defaulter :
1.	Where the movable property to be attached is
a.	a debt due to the defaulter in question.
b.	a share in capital of a corporation or a deposit invested therein, or
c.	Other movable property not in the possession of the defaulter expect property deposited in or in the custody of any Civil Court, the attachment shall be made by a written order signed by the Recovery Officer prohibiting;
i.	in the case of the debt the creditor from recovering the debt and the debtors from making payment thereof until further order of the Recovery Officer:
ii.	in the case of the share or deposit, the person in whose name share or the deposit may be standing from transferring the share or deposit or receiving any dividend on the shares, the deposit or interest on the deposit;
iii.	in the case of the other movable property expect as aforesaid, the person in possession of it from giving it over to the defaulter.
2.	A copy of such order shall be sent in the case of the debt, to the debtor, in the case of the share or deposit, to the proper officer of the corporation and in the case of the other movable property, (expect as aforesaid,) to the person in possession of such property. As soon as the debt referred to in clause (a) of sub – rule (1) or the deposit referred to the clause (b) of the sub-rule matures, the Recovery Officer may direct the person concerned to pay the amount to him. Where the share is not withdraw able, the Recovery Officer shall arrange for its sale through a broker. Where the share is withdraw able its value shall be paid to the Recovery Officer as soon as it becomes payable. In the case of the other movable property referred to in clause (c) of sub-rule (1) the person concerned shall place it the hands of the Recovery Officer, as soon as it becomes deliverable to the defaulter.
3.	A debtor prohibited under clause (a) of sub-rule (1) may pay the amount of his debt to the Recovery Officer and such payment shall discharge him as effectually as payment to the party entitled to receive the same.


97.	Procedure in Attachment and sale of Immovable Property :
	In the attachment and sale or sale without attachment of immovable property the following procedure shall be observed .
1.	The application presented under rule 91 shall contain a description of the immovable property to be proceeded against, sufficient for its identification and in case such property can be identified by boundaries or numbers in record of settlement or survey the specification of such boundaries or numbers and the specification of the defaulters share or interest in such property to the best of knowledge and belief of the decree holder and so far as he has been able to ascertain it.
ii.	The demand notice issued by the Registrar under sub-rule (6) or rule 91 shall contain the name of the defaulter, amount due including the expenses, if any, and the time allowed for payment and in case of non-payment, the particular of the properties to be attached and sold or to be sold without attachment as the case may be. After receiving the demand notice, the Recovery Officer shall serve or cause to be served a copy of the demand notice upon the defaulter or upon some adult male member of his family at his usual place or residence or open his authorized agent, if such personal service is not possible shall fix a copy thereof on some conspicuous part of the immovable property about to be attached and sold or sold without attachment, as the case may be. Provided that where the Recovery Officer that a defaulter with intent to defeat or delay the execution proceeding against him is about to dispose of the whole or any part of his property, the demand notice issued by the Registrar under sub-rule (5) of rule 91 shall not allow any time to the defaulter for the payment of the amount due by him and the property of the defaulter shall be attached forthwith.
iii.	If the defaulter fails to pay the amount specified in the demand notice within the time allowed, the Recovery Officer shall proceed to attach and shall or sell without attachment as the case may be, the immovable property noted in the application for execution in the manner hereinafter specified.
iv.	Where the attachment of immovable property is required before sale, the Recovery Officer shall, if possible cause a notice of attachment to be served on the defaulters personally. Where the personal service is not possible, the notice shall be affixed in some conspicuous part of the defaulter’s last known residence, if any. The fact of attachment shall also be proclaimed by beat of drum or other customary mode at some place on or adjacent to such property and at such other place or place as the Registrar or the Recovery Officer may consider necessary to give due publicity to the sale. The attachment notice shall set forth that unless the mount due with interest and expenses be paid within the date therein mentioned the property will be brought to sale. A copy of the notice shall be sent to the decree-holder. Where the Recovery Officer so directs, the attachment shall also be notified by advertisement in a local newspaper.
v.	proclamation of sale shall be published by affixing a notice in the office of the Registrar at least thirty days before the date fixed for sale. Such proclaiming shall state the decree holder and the defaulter the time and place of sale and also shall specify as fairly and accurately as possible.
a.	The property to be sold :
b.	any encumbrance to which the property is liable ;
c.	the amount for the recovery of which the sale is ordered, and
d.	every other matter which the Recovery Officer considers material for a purchaser to know in order to judge the nature and value of the property.
vi.	When any movable property is sold under the Rules, the sale shall be subject to the prior encumbrances on the property, if any. The decree holder shall, when the amount for the realization of which the sale is held, exceeds Rs. 100, furnish to the Recovery Officery within such times as may be fixed by him or the Registrar an encumbrance certificate form the Registration department for a period of not les than twelve years prior to the date of attachment of the property sought to be sold. The time for production of the encumbrance certificate may be extended at the discretion of the Recovery Officer or the Registrar. The sale shall be by public auction to the highest bidder, provided that it shall be open to the Recovery Officer to decline to accept the highest bid where the price offered to be unduly low or for other reasons and provided also that the Recovery Officer may in his discretion adjourn the sale to a specified day and hour, recording his reasons for such adjournment. Where a sale is so adjourned for a longer period that seven days, a fresh notice shall be issued unless the defaulter consents to waive it. The sale shall be held after the expiry of not less than thirty days calculated from the date on which notice of the proclamation was affixed in the office of the Registrar and the place shall be the village where the property to be sold is situated or such adjoining prominent place of public resort as may be affixed by the Recovery Officer.
vii.	A sum of money equal to 25 percent of the bid shall be deposited by the auction purchaser with the Recovery Officer as soon as his bid is accepted and in default of such deposit, the property shall forthwith resold.
viii.	The reminder of the purchase money and the amount required for general stamp for the certificate of sale shall within fifteen days from the date of sale. Provided that the time for payment of the cost of the, stamp may, for good and sufficient reasons, be extended at the discretion of the Recovery Officer upto thirty days from the date of sale. Provided further that in calculating the amount to be paid under this clause, the purchase shall have the advantage of any set off to which he may be entitled.
ix.	ix. If default of payment within the period mentioned in clause (viii), the deposit may, if the Registrar thinks fit, after defraying the expenses of the forfeited to the Government and the defaulting purchaser shall forfeit all claim to be property or to any part of the sum of the which in may subsequently be sold.
x.	Every resale of immovable property in default of payment of the amounts mentioned in clause (viii) within the period allowed for such payment shall be made after the issue of fresh proclamation in the manner and for the period herein before specified for the sale.
xi.	Where a decree –holder purchase the property, the purchase money and the amount due to the decree shall be set off against one another and the Recovery Officer shall enter satisfaction of the decree in whole or in part accordingly. Any surplus of sale and the other incidental costs or charges shall be paid to the defaulter.
xii.	Where prior to the date fixed for sale the defaulter or any person acting on his behalf or any person claiming an interest in the property sought to be sold tenders payment of the full amount due together with interest and other expenses incurred in bringing the property to sale, including the expenses of attachment, if any, the Recovery Officer shall forthwith release the property after canceling the order of attachment, if any.


98.	Application to set aside sale on deposit:
1.	Where immovable property has been sold by the Recovery Officer, any person either owing such property of holding an interest therein by virtue of a title acquiring before such sale may apply to have the sale set aside on his depositing with the Recovery Officer.
a.	for payment to the purchaser, a sum equal to 2 percent of the purchase money, and
b.	for payment to the decree holder, the amount of arrears specified in the proclamation of the sale together with interest and the expenses to attachment, if any, and sale and other costs due in respect of such amount less any amount which may since the date of proclamation have been received by such decree holder.
2.	If such deposit and application are made within thirty days from the date of sale, the Registrar shall pass an order setting aside the sell and shall repay to be purchase money so far as it has been deposited, together with the 2 percent deposited by the applicant.
	Provided that if more persons than one have made deposits and application under this rule, the application of the first depositor to the Recovery Officer shall be accepted.


99.	Application to set aside sale on ground of irregularity of fraud
1.	At any time within thirty days from the date of sale immovable property, the decree holder or any person entitled to share in a rate able distribution of the assets or where interest are effected by the sale, may apply to the Registrar to set aside the sale, on the ground of a material irregularity of mistake or fraud in publishing or conducting the sale. Provided that no sale shall be set aside on the ground aforesaid unless the Registrar is satisfied that the applicant has sustained substantial injury by reason of such irregularity, mistake of fraud.
2.	If the application is allowed, the Registrar shall set aside the sale and may direct a fresh one.


100.	Sale when to become absolute :
1.	On the expiration of thirty days from the date of sale, if no application to have the sale set aside is made under rule 98 or 99 or if such application to have been made and rejected, the Registrar shall make an order confirming the sale. Provided that if he have reason to believe that the sale ought to be set aside notwithstanding that no such application which has been made and rejected, he may after recording his reasons in writing set aside the sale.
2.	Whenever the sale of any immovable property is not so confirmed or is set aside the deposit or the purchaser money, as the case may, shall be returned to the purchaser.
3.	After the confirmation of any such sale, the Recovery Officer grant a certificate of sale to the purchaser, specifying therein the property sold and the name of the purchaser at the action and bearing Recovery Officer’s seal and signature.
4.	Such certificate shall be conclusive evidence of the fact of the purchase and no proof of the sale or signature, of the Recovery Officer shall be necessary unless the authority before whom it is produce shall have reason to doubt its genuineness.


101.	Delivery of possession :
	Where the purchaser of immovable property under the forgoing rules is resisted or prevented by any person other then the defaulter claiming to be in lawful possession of the property, from the obtaining possession of the immovable property purchases any court of competent jurisdiction on an application and production of the certificate of sale shall cause the proper process to be issued for the purpose of putting such purchaser in possession, in the same manner as if the immovable property purchased has been decreed to a purchaser by a decision of the court.


102.	Sale of immovable property to be proportionate to the amount due:
	The Recovery Officer may sell the whole or any portion of the immovable property of a defaulter in discharge of money due provided always that so far as may be practicable, no large portion of the immovable property shall be sold than may be sufficient to discharge the amount due with interest and expenses of attachment, if any, and sale.


103.	Private alienation of property after attachment to be void :
	Where an attachment has been made under these Rules, any transfer or delivery of the property attached or of any interest therein and the payment to the defaulter of any debt, dividend or other moneys contrary to such attachment shall be void as against all claims enforceable under attachment.


	Explanation
	For the purpose of this rule, claims enforceable under an attachment include claims for the rate able distribution of assets.


104.	Receipt for payment of amount due :
	Every person making a payment towards any money due for the recovery of which application has been made under this Rule shall be entitled to a receipt for the amount signed by the Recovery Officer or other Officer empowered by the registrar. Such receipt shall state the name of the person making the payment and the subjects matter in respect of which the payment in made.


105.	Investigation of claims and objections to attachment of property:
1.	Where any claim is preferred, or any objection is made to the attachment of any property under these Rules on the ground that the property is not liable such attachment, the Recovery Officer shall investigate the claim or objection and dispose it if on merits
2.	Where the property to which the claim or objection relates, has been advertise for sale, the Recovery officer may postpone the sale pending the investigation of the claim or objection.


106.	Determination of attachment :
	where any property had been attached in execution of a decree, by reason of a decree holder’s default the recovery Officer is unable to proceed further with the application for execution, he shall either dismiss the application or for any sufficient reason adjourn the proceeding to a failure date. Upon the dismissal of such application, the attachment shall cease.


107.	Attachment in execution of decree of Civil Court rateable distribution if assets :
	Where assets are held by the Recovery Officer and before realization of such assets, demand notices in pursuance of application for execution of decree against the same defaulter have been received from than one decree holder and the decree holders have not obtained satisfaction, the assets after deduction the cost of realization, shall be rateably distributed by the Recovery Officer among all such decree holder in the manner provided in section 73 of the Code of Civil Procedure, 1908.


108.	Attachment before judgment :
1.	Attached of property prior to award or decree shall be made in the manner provided in the foregoing rules of this chapter,
2.	Attachment made under sub-rule (1) shall not effect the right existing prior to such attachment , or those who are not parties to the proceedings in which the attachment was made, nor bar any person whose a decree against the person whose property is attached from Appling for the sale of property under attachment in execution of the decree.
3.	Where property is under attachment by virtue of the provision of this rule and a decree is subsequently passed against the person whose property is attached, it shall not be necessary to file an application for reattachment of the property.


109.	Arrest and detention :
1.	A judgment debtor may be arrested in execution of a decree at any hour and on any day, shall as soon as practicable, be brought before the Recovery Officer and detention may be in the civil prison or in the central Jail.
a.	Provided that for the purpose of making an arrest under this rule, not dwelling Officer and shall be entered after sunset and before sunrise;
b.	No outer door of dwelling house shall be broken open unless such dwelling house is in the occupancy of the judgment-debtor and he refuses or in any way prevents access there to but when the officer authorized to make the arrest has duly gained access to any dwelling house he may break open the door of any room in which he has reason to believe that the judgment-debtor would be founded;
c.	If the room is in the actual occupancy of a women who is not the judgment debtor and who according to the country does not appear in public the officer authorized to make the arrest shall notice to her that she is at liberty to withdraw and after allowing a reasonable time for her to withdraw and giving her reasonable facility for withdrawing, may enter the room for the purpose of making the arrest; and
d.	Where the decree in execution where of the judgment debtor is arrest, is a decree for the payment of money and the judgment debtor pays the amount of the decree and the cost of the arrest to the officer arresting him, such officer shall at once release him.
2.	The Government may by notification in the Official Gazette, declare that any person or class of persons whose arrest might be attended with danger or inconvenience to the public shall not be liable to arrest in execution of a decree otherwise than in accordance with such procedure as may be prescribed by in this behalf.
3.	Judgment –debtor, who is arrested under this rule, makes an application before the Recovery Officer expressing his intention to apply within one month before a court of competent jurisdiction to be declare an insolvent and furnishes two sureties to the satisfaction of the Recovery Officer to ensure his appearances his before the Recovery Officer whenever required may be released.
4.	In case a judgment-debtor who is released under Sub-rule (3) fails to apply for insolvency within one month or fails to appear before the Recovery Officer, the Recovery Officer may proceed to arrest and detain the sureties in the civil prison as through the sureties themselves are the judgment-debtors.


110.	Prohibition of arrest or detention of women in execution of decree for money :
	Not withstanding anything in this part, the Recovery Officer shall not order the arrest or detention in the Civil Prison of a women in execution of a decree for the payment of money.


111.	Detention and release :
1.	Every person detained in the civil Prison in execution of a decree shall be so detained;
a.	Where the decree is for the payment of a sum of money exceeding fifty rupees, for period of six months, and
b.	in any other case, of a period of six weeks. Provided that he shall be released from such detention before the expiration of the said period of six months or six weeks as the case may be.
i.	on the amount mentioned in the warrant for his detention being paid to the Recovery Officer.
ii.	on the decree against him being otherwise fully satisfied, or
iii.	on the request of the person, on whose application he has been so detained and if the Recovery Officer is fully satisfied and the decree was satisfied.
iv.	on the omission of the person, on whose application he has been so detained to pay subsistence allowance.
	Provided also that he shall not released from such detention without the order of Recovery Officer.
2.	A judgment debtor released from detention under this rule shall not merely by reason of his released be discharged from his debts, but he shall not liable to be rearrested under the decree in execution of which he was detained in the civil prison.


	PART—IV
	GENERAL
112.	Procedure for recovery of sums due to Government :
	The provision of part III shall apply in regard to the recovery of any sum due to the Government from a society or from an office, former officer, member or past or deceased member of a society in pursuance of a demand issued by the Registrar or by any authorized competent to issue such demand including any costs awarded to the Government in proceeding under the act is if the Government were a decree holder and the society or officer, former officer, member or past or decreased member of a society, as the or officer, former officer, member or past or deceased member of the society, as the case may be, was a defaulter, subject to the following modifications namely;-
1.	The registrar may, be his own motion take any steps which he may deem suitable in the matter of such recovery in accordance with the provisions of these Rules and without any application having been made to him in that behalf under these Rules,
2.	It shall not be ncessary to deposit any sum by way of costs as required by these rules .
3.	It shall not be necessary for the Recovery Officer to give the decree holder previous notice.
4.	It shall not be necessary to send a copy of the attachment notice to the decree holder
5.	It shall not be necessary to give notice of the proclamation of sale to the decree holder

113.	Recovery Officer not to go behind the decree and the certificate :
	The Recovery Officer shall not go behind the decree or the certificate issued by the Registrar. He shall not alter it nor shall entertain any objection as to validity or legality or correctness of the decree or the certificate under execution. Provided that a decree against a person who was dead at the time of passing the decree without bringing his legal representative on the record shall not be executed. Provided further that where terms of a decree are ambiguous it will be competent the Recovery Officer to ascertain its precise terms first before issuing any process for execution.

114.	Question relating to execution, discharge or satisfaction :
1.	All question arising between the parties to the arbitration proceedings in which award was made or amounts certified to be recovered as arrears of land and relating to execution, discharge or satisfaction of the decision, award or under execution shall be determined by the Recovery Officer, execute, decision or order.
2.	Where a question arise as to whether a person is, or is a not the legal representative of a party, such question shall be decided by the Recovery Officer, for the purpose of execution, discharge or satisfaction of the decree award, decision or order under execution.

115.	Limitation for execution :
	A decree holder may make an application or application in succession of execution of his decree. The Recovery Officer shall not refuse execution unless the application is barred by the article 136 of the Indian Limitation Act. 1963.

116.	Execution by society under liquidation :
1.	The liquidator shall take necessary action to get executed the decree in the favour of a society in respect of which he has been appointed, in accordance with the provision of thus chapter,
2.	Any order issued by the liquidator against any contributory shall be executed in the manner prescribed in rules 86 to 90 provided that he shall not be required to deposit the execution charge along with the application for execution.

117.	Assistance and information :
	A decree holder applying to execute a decree shall give the Registrar and the Recovery Officer such information and aid as may be reasonably required.