Application of Order to proceedings
Full Text
Nothing in rules 3, 4 and 8 shall apply to proceedings in execution of a decree or order.
Plain English Summary
Statutory immunity for execution proceedings: explicitly excludes execution petitions from the operation of Rules 3, 4, and 8, establishing that execution proceedings NEVER abate upon the death of the decree-holder or judgment-debtor.
Key Legal Elements
- Execution Never Abates: Rules of abatement under Rules 3 and 4 do not apply to execution petitions.
- No 90-Day Limitation: Substitution of heirs in execution is not bound by the 90-day limitation of Article 120.
- Governed by Section 50 & Order XXI Rule 16: Legal representatives can be brought on record at any time within the general 12-year execution limitation period.
Practical Note
The Golden Rule of Execution: No Abatement: 1. Landmark Authority - V. Uthirapathi v. Ashrab Ali (1998) 3 SCC 148: The Supreme Court authoritatively held that under Order XXII Rule 12, execution proceedings DO NOT abate upon the death of the decree-holder or judgment-debtor. The legal representatives can be brought on record at any time under Section 50 CPC or Order XXI Rule 16, subject only to the 12-year limitation period for execution under Article 136 of the Limitation Act. 2. Crushing Objections: If a judgment-debtor argues that execution has abated because 90 days elapsed after the decree-holder's death, cite Rule 12 immediately. The objection must be dismissed with costs!
हिंदी पाठ
नियम 3, 4 और 8 की कोई भी बात किसी डिक्री या आदेश के निष्पादन (Execution) की कार्यवाहियों को लागू नहीं होगी।