there to remain until the Adjourned Hearing, or may discharge SCHEDULE II. him from custody. Ords. 43-44. 7. The Court may, upon such investigation as aforesaid, make Interim Order an Interim Order for the protection of any property applicable for Protection of Property. or available in discharge of the Decree, as it shall think expedient. tion. 8. At the close of the investigation the Judgment Debtor, if Close of still in custody under such warrant as aforesaid, shall be dis- Investigacharged, unless a Writ of Arrest and Imprisonment shall have been issued against him on the application of the Decree holder. by the Court 9. The Court at the Hearing of the cause, or at any adjourn- Power of ment thereof, shall have the same power and authority of examin- Examination ing the Defendant and the Plaintiff and other persons touching at Hearing. the several things in this Order mentioned, and, if judgment be given, of committing the Judgment Debtor to prison, and of making an Order for the protection of property, as the Court might have and exercise under this Order, in case the Execution Creditor had obtained a Summons for that purpose upon a Decree remaining unsatisfied. ORDER XLIV. PRACTICE AS TO ISSUING EXECUTION. 1. Modes of Enforcing Decrees. 1. If the Decree be for land or other immoveable property, the Decree for Execution Creditor shall be put in possession thereof, if necessary, Possession of by the Sheriff or other Officer under a Writ of Possession. Immoveable Performance or other act. 2. If the Decree be for any specific moveable, or for the specific Decree for performance of any Contract, or to pay money into Court, or to do Moveable or abstain from doing any other particular act, it shall be enforced Property. by the seizure, if practicable, of the specific moveable and the of Contract, delivery thereof to the party to whom it shall have been adjudged, or by imprisonment of the party against whom the Decree is made, or by sequestration of his property and keeping the same under sequestration until further order of the Court, or by both imprisonment and sequestration, if necessary; or if alternative damages be awarded, by levying such damages in the mode provided for the execution of a Decree for money. 3. In case the person against whom an Order of Arrest issues is Sequestration. not and cannot be found, or is taken and detained in custody without obeying the Decree, the Court may make an Order that a Writ of Sequestration do issue against his property. Commis 4. The Writ shall be directed to two or more Commissioners to Powers of be appointed by the Court for the purpose, who shall be com- sioners. manded and empowered to enter upon all the immoveable property of the person against whom the Writ shall issue, and to collect, take and get into their hands, not only the rents and profits of his real estate, but also all his goods and moveable property, and detain and keep the same under sequestration in their hands until he shall clear his contempt or the Court shall make other Order to Ord. 44. SCHEDULE II. the contrary; and the Court may order the payment out of the proceeds of such sequestration of all charges attending the execution thereof, including such reasonable remuneration to the Commissioners as the Court shall think fit to allow, and all the provisions of the Rules respecting attachment of property under a Decree for money shall, so far as applicable, apply in the case of a Writ of Sequestration. Decree for Where Payment ordered by Instalments. For Execution or Indorsement of Negotiable Instrument. 5. If the Decree be for money it shall be enforced by the imprisonment of the party against whom the decree is made, or by the attachment and sale of his property, or by both if necessary. 6. Where a Decree orders payment of money by instalments, execution shall not issue until after default in payment of some instalment according to the Order, and execution, or successive executions, may then issue for the whole money then remaining unpaid, or for such portion thereof as the Court orders, either when making the original Order or at any subsequent time. 7. If the Decree be for the execution of a deed, or for the of Deed, &c., indorsement of a negotiable instrument, and the party ordered to execute or indorse such deed or negotiable instrument shall neglect or refuse so to do, any party interested in having the same executed or indorsed, may prepare a deed or indorsement of the instrument in accordance with the terms of the Decree and tender the same to the Court for execution, upon the proper stamp (if any is required by law), and the signature thereof by the Registrar shall have the same effect as the execution or indorsement thereof by the party ordered to execute. of Deceased Persons. Against Re- 8. If the Decree be against a party as the representative of a presentatives deceased person, and such Decree be for money to be paid out of the property of the deceased person, it may be executed by the attachment and sale of any such property; or, if no such property can be found, and the Judgment Debtor fail to satisfy the Court that he has duly applied such property of the deceased as shall be proved to have come in his possession, the Decree may be executed against the Judgment Debtor to the extent of the property not duly applied by him, in the same manner as if the Decree had been against the Judgment Debtor personally. Against Against a 9. Whenever a person has become liable as security for the performance of a Decree, or of any part thereof, the Decree may be executed against such person to the extent to which he has rendered himself liable, in the same manner as a Decree may be enforced against a Defendant. 10. Where a Judgment is against partners in the name of the Firm, execution may issue in manner following: (a) Against any property of the partners as such. (b) Against any person who has admitted in the Suit that he is, or has been adjudged to be, a partner. (c) Against any person who has been served as a partner with the Writ of Summons, and has failed to appear. If the party who has obtained judgment claims to be entitled to issue execution against any other person as being a member of the Firm, he may apply to a Divisional Court for leave so to do, and Ord. 44. the Court may give such leave if the liability be not disputed, or SCHEDULE II. if such liability be disputed may order that the liability of such person be tried and determined in any manner in which any issue or question in a Suit may be tried and determined. ment Con 11. Where a Judgment is to the effect that any party is entitled Where Judgto any relief, subject to or upon the fulfilment of any condition or ditional. contingency, the party so entitled may, upon the fulfilment of the condition or contingency, and demand made upon the party against whom he is entitled to relief, apply to the Court for leave to issue execution. And the Court may, if satisfied that the right to relief has arisen according to the terms of the Judgment, order that execution issue accordingly, or may direct that any issue or question necessary for the determination of the rights of the parties be tried as in a Suit. Executed. 12. Every Writ of Execution may lawfully be carried into effect Where Writ in any place within the jurisdiction of the Supreme Court, where may be the Judgment Debtor or his moveable or immoveable property may be found or met with, although such place be not within the Province in which the Writ was issued. execution. 13. All property whatsoever, moveable or immoveable, belong- Property ing to the party against whom a Decree is to be enforced, and liable to whether held in his own name or by another person in trust for him or on his behalf (except always the wearing apparel and bedding of himself or his family, and the tools and implements of his trade, if any, to the value of five pounds), is liable to attachment and sale in execution of the Decree. Execution 14. If the Judgment Debtor has sufficient moveable property Lands not to within the Province in which the Decree was issued to satisfy the be levied upon debt, damages, and costs recovered, his lands shall not be levied till Goods upon; but if he has not sufficient moveable property within that Option of Province, it shall be optional to the Execution Creditor to levy ritor in upon his immoveable property within the same Province before certain cases. levying on his moveable property elsewhere, or to levy upon the moveable property of such Judgment Debtor wherever it may be found within the jurisdiction of the Court, before having recourse to his immoveable property. Interest. 15. The party enforcing a Decree may levy the costs of execu- Costs of tion over and above the sum in the Decree, unless the Court shall Execution and otherwise order, in cases where costs shall have been needlessly incurred, and may also levy any interest on the Judgment which the Court may have ordered. Creditor. 16. In every case of execution, all steps therein shall be taken Execution on on the demand of the party prosecuting the Decree, and he shall be demand of liable for any damage arising from any illegal or irregular proceeding taken at his instance; but this provision shall not exempt any Officer of Court from any liability to which he would otherwise be liable. SCHEDULE II. Period to To be made to 2. Application for Execution in Ordinary Cases. 17. A Writ of Execution shall not, except by express leave of the Court, be issued until three days after the day of the date of the judgment, but, if the Court sees fit, it may order immediate execution. 18. When any party in whose favour a Decree has been made is the Registrar: desirous of enforcing the same, he may apply to the Registrar for execution. The application shall be made within office hours. Form of. On behalf of Persons not Parties to the Suit. Cross Court may tion in certain cases of previous Decree. 19. Execution may issue on behalf of any person not a party to the Suit, by leave of the Court, upon proof of his title to the benefit of the judgment, and upon substitution of the name of the new Decree holder, together with a statement of his derivative title, for that of the former Decree holder. 20. If there be cross decrees between the same parties for the payment of money, execution shall be taken out by that party only who shall have obtained a decree for the larger sum, and for so much only as shall remain after deducting the smaller sum, 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, and if both sums shall be equal, satisfaction shall be entered upon both Decrees. 21. Whenever a Suit shall be pending in the Court against the stay Execu- holder of a previous Decree of the Court by the persons against whom the Decree was made, the Court may, if it appear just and reasonable to do so, stay execution of the Decree either absolutely or on such terms as it may think just, until a Decree shall be made in the pending Suit. Decree tive. 22. If any person against whom a Decree has been made shall against Legal die before execution has been fully had thereon, application for Representaexecution thereof may be made against the legal representative, or the estate of the person so dying as aforesaid; and if the Court shall think proper to grant such application the Decree may be executed accordingly. Mode of Record of 23. If the Decree be ordered to be executed against the legal representative, it shall be executed in the manner provided by the Eighth Rule of this Order for the Execution of a Decree for money to be paid out of the property of a deceased person. 24. The Registrar, on receiving any application for Execution of a Decree, shall make a note of the application, and the date and for Execution. hour when it was made. Registrar may apply to Court for direction. Execution to issue in order of application. Execution by Special Cases. 25. The Registrar may, at any time, take the direction of the Court as to any application for execution, and in the meanwhile refuse to issue the Writ. 26. All Writs of Execution shall be issued in the order of application for the same, unless the Court shall otherwise direct. 3. Measures preliminary to Issue of Writ in certain Cases. 27. (a) If an interval of more than a year shall have elapsed between the date of the Decree and the application for its execution, and if due cause for the delay be not proved; or (b) if the enforce- SCHEDULE II. ment of the Decree be applied for by or against the representative Ords. 44–45. of an original party to the Suit; or (c) if application be made by or against a husband for the enforcement of a Decree for or against his wife; 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 necessary if the application be made within one year from the date of the last Order, if any, obtained on a previous application for execution and provided also that no such notice shall be necessary in consequence of the application being made by or against such representative or husband as aforesaid, if the Court shall have already upon a previous application ordered execution to issue against the same person. 28. When such notice is issued, if the party shall not appear, or Order shall not show sufficient cause to the satisfaction of the Court why thereon. 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 make such Order as in the circumstances of the case may seem to be just and proper. 4. Issue of the Writ of Execution. 29. Upon the application of the Decree holder the Registrar Registrar to shall, subject to the provisions of the preceding Rules, issue the issue proper proper Writ for the Execution of the Decree. Writ of 30. Where a Warrant of Arrest and Commitment, or of Arrest and Imprisonment has been made, it shall be lawful for the Court Warrant. by a Minute on the face of the Warrant to suspend the issue thereof for such time, or on such conditions as it may think fit. ORDER XLV. EXECUTION AFFECTING PROPERTY. 1. Decrees for Immoveable Property. 1. If in the Execution of a Decree for land or other immoveable Obstruction to Execution property, the Officer executing the same shall be resisted or of Decree. obstructed by any person, the person in whose favour such a 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 investigating the complaint, and shall summon the party against whom the complaint is made to answer the same. 2. If it shall appear to the satisfaction of the Court that the By Judgment obstruction or resistance was occasioned by the Judgment Debtor, Debtor. 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 |