Order 11 Judgments (Enforcement) Rules

Order 11 of the Judgments (Enforcement) Rules is about Other process. It contains the following rules:

1. An order to stop the clearance of, or for the arrest and detention of, any ship,
   shall be enforceable by a warrant in interim attachment. Form 64.
2. An order of interim attachment in an action shall be enforceable by a writ of
   interim attachment in Form 64.
3. An order to arrest an absconding defendant shall be enforceable by a warrant in
   Form 65 or Form 66 according as the order is made in the High Court or a
   magistrate’s court.
4. (1) A judgment for the delivery of goods shall be enforceable by writ of
   delivery in Form 67 or Form 68.

(2) Where a writ of delivery is issued, the plaintiff shall either by the same or
a separate writ of execution be entitled to execution against the judgment
debtor’s property for any sum of money and costs awarded.

(3) Nothing in this rule shall prejudice the power of the court to enforce the
judgment by commitment.

5. A judgment or order for the recovery of land, or for the delivery of possession of land, in an action other than an action between landlord and tenant shall be enforceable by a writ of possession, which shall be in like form as a warrant of possession under the Recovery of Premises Law of a State, and shall be addressed to the sheriff.

6. Where, in an action for recovery of land, judgment is given for the recovery
   thereof (with or without rent or mesne profits) and costs, there may be either one writ or warrant or separate writs or warrants for possession of the land and for rent and mesne profits and for costs, and after the execution of the writ the sheriff shall fide a certificate as provided under the Recovery of Premises Law of a State.
7. An application for a writ of delivery or a writ or warrant of possession shall be made by filing a praecipe in Form 3, except where on by the same writ or
   warrant execution is to be levied upon immovable property, when the application shall be made under rule 16 of Order IV
8. An application for a writ of sequestration shall be made to a Judge; and the writ shall be in Form 69.

9. A writ of sequestration shall be directed to two or more commissioners to be
   appointed by the court for the purpose, who shall be commanded and
   empowered to enter upon all the immovable 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 immovable property, but also all his goods and movable 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 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.
10. Where a judgment directs any deed to be prepared or executed, it shall state by which party the deed shall be prepared, and to whom it shall be submitted for approval, and, if the parties cannot agree upon the form of the deed, the court may, upon the application of any party on notice, settle the deed itself, or name a legal practitioner by whom it shall be settled, subject to the final approval of the court.

11. Where a judgment directs any deed to be executed or any negotiable instrument to be endorsed, and the party ordered to execute or endorse such deed or negotiable instrument shall neglect or refuse so to do, any party interested in having the same executed or endorsed, may prepare a deed or endorsement of the instrument in accordance with the terms of the judgment and tender the same to the court for execution, upon the proper stamp (if any is required by law), and the execution thereof by the registrar in the form prepared by rule 13 of Order VII shall have the same effect as the execution or endorsement thereof by the party ordered to execute.

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