1) Decree for Payment of Money:

According to order 21 rule 30 of C.P.C, "Every Decree for the payment of money, including a decree for the
payment of money as the alternative to some other relief, may be executed,
 By detention in the Civil Prison of the judgment Debtor or,
 By the attachment and sale of his property, or
 By both.
2) Decree for Specific Movable Property:
According to Order 21 rule 31 sub rule 1 of C.P.C, "Where the decree is for any specific movable or for any
share in specific movable property, it may be executed,
 By the seizure if practicable, of movable or share and
 By the delivery thereof to the party to whom it has been adjudged, or as to such person as he
appoints to receive delivery on his behalf, or
 By the detention in the Civil Prison of the Judgment Debtor, or
 By the Attachment of this property, or
 By both (Prison & attachment of Property)
3) Decree for specific performance for restitution of conjugal rights or for an injunction:
According to Order (21) rule (32) of C.P.C, "Where the party against whom a decree for the specific
performance of a contract, or for restitution of conjugal rights or for an injunction, stay has been passed, has
had an opportunity of obeying the decree and if he has willfully failed to obey it, the decree may be
enforced, in the case of a decree for restitution of conjugal rights,
 By the attachment of his property, or in the case of a decree for specific performance of a contract
or for an injunction.
 By his detention in Civil Prison, or
 By the attachment of his property, or
 By both
4)Decree of court in executing decree for restitution of conjugal rights
Rule 33 of the Order XXI deals with the execution of conjugal rights against the husband and according to this
rule, the judgment debtor has to make periodical payments to the decree-holder if the decree is not obeyed
within a specified time. The Court can modify the rules regarding the periodic payments from time to time
and in certain situations, it can also suspend the payment. Any money ordered to be paid under this rule may
be recovered as though it were payable under a decree for the payment of money.
5)Decree for Execution of document
Rule 34 of the Order XXI deals with the various procedures that have to be followed for the execution of the
document. According to this rule,
 When the judgment debtor disobeys the decree of execution of documents, the decree-holder has
to prepare a draft of the document and has to present it before the Court;
 The Court will present the draft to judgment debtor for him to raise any objects if any present and
also Court will fix a particular time within which the judgment debtor can make his objection;
 The Court shall make orders to approve or alter the draft after receiving objections from the
judgment holder;
 The decree-holder shall deliver a copy of the draft to the Court after making any alterations as the
Court may have directed upon the proper stamp-paper if a stamp is required by the law for the time
being in force;
 The Judge or such officer as may be appointed in this behalf shall execute the document so
delivered;
 The Court or officer authorized by the Court has to register the document if the registration of the
document is required by the law. If the registration is not required but still the decree-holder wishes
to register the document the Court has to make necessary orders;
 The Court may make orders regarding the expenses of the registration.
6) Decree for Immovable Property:
According to Order 21 rule 35 sub-rule-1 of C.P.C, "Where a decree is for the delivery of an immovable
property, possession, thereof shall be delivered to the party to whom it has been adjudged, or to such
person as he may appoint to receive delivery on his behalf and if necessary,
Special rules of defence:
Rules 2 to 5 and 7 to 10 deal with special points regarding the ling of a written statement:
 (Order 8 Rule 2)
New facts, such as the suit is not maintainable, or that the transaction is either void or voidable in
law, and all such grounds of defence as, if not raised, would take the plainti by surprise, or would
raise issues of fact not arising out of the plaint, such as fraud, limitation, release, payment,
performance or facts showing illegality, etc. must be raised.
 (Order 8 Rule 3)
The denial must be specie. It is not succinct for a defendant in his written statement to deny
generally the grounds alleged by the plainti, but he must deal specially with each allegation of fact
which he does not admit, except damages.
 (Order 8 Rule 4)
The denial should not be vague or evasive. Where a defendant wants to deny any allegation of fact
in the plaint, he must do so clearly, specially and explicitly and not evasively or generally.
 (Order 8 Rule 5)
Where every allegation of fact in the plaint, if not denied specifically or by necessary implication, or
stated to be not admitted except as against a person under disability. The court may, however,
require proof of any such fact otherwise than by such admission.
 (Order 8 Rule 7)
Where the defendant relies upon several distinct grounds of defence or set-off or counterclaim
founded upon separate and distinct facts, they should be stated separately and distinctly.
 (Order 8 Rule 8)
Any new ground of defence which has arisen after the institution of the suit is a presentation of a
written statement claiming a set-o or counterclaim may be raised by the defendant or plaintiff in his
written statement as the case may be.
 (Order 8 Rule 9)
If the defendant fails to present his written statement within the time permitted or relaxed by the
court, the court will pronounce the judgment against him or pass such order in relation to the suit
as it thinks t and a decree will be drawn up according to the said judgment.
 (Order 8 Rule 10)
No pleading after the written statement of the defendant other than by way of defense to set-off or
counterclaim can be led.
  By removing / dispossessing any person bound by the decree who refuses to vacate the property.
7)Decree for delivery of immovable property when in occupancy of tenant
Where a decree is for the delivery of any immovable property in the occupancy of a tenant or other person
entitled to occupy the same and not bound by the decree to relinquish such occupancy, the Court shall order
delivery to be made by affixing a copy of the warrant in some conspicuous place on the property, and
proclaiming to the occupant by beat of drum or other customary mode, at some convenient place, the
substance of the decree in regard to the property.
 Particulars to be furnished in a plaint
Every plaint should contain the following particulars:
(i) Order 7 Rule 1(a)
The name of the court in which the suit is brought;
(ii) Order 7 Rule 1(b)
The name, description and place of residence of the plaintiff
(iii) Order 7 Rule 1(c)
The name, description and place of residence of the defendant;
(iv) Order 7 Rule 1(d)
Where the plaintiff or defendant is a minor or a person of unsound mind, a statement to that effect;
(v) Order 7 Rule 1(e)
The facts constituting the cause of action and when it arose;
(vi) Order 7 Rule 1(f)
The facts showing that the court has jurisdiction;
(vii) Order 7 Rule 1(g), Order 7 &8
The reliefs claimed by the plaintiff, simply or in the alternative;
(viii) Order 7 Rule 1(h)
Where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or
relinquished
(ix) Order 7 Rule 1(i)
A statement of the value of the subject-matter of the suit for the purpose of jurisdiction and court fees;
(x) Order 7 Rule 2
Where the suit is for recovery of money, the precise amount claimed,
(xi) Order 7 Rule 2
Where the suit is for accounts or mesne profits or for movables in the possession of the defendant or for
debts which cannot be deter- mined, the approximate amount or value thereof
(xii) Order 7 Rule 3
Where the subject-matter of the suit is immovable property a description of the property sufficient to
identify it, e.g boundaries, survey numbers, etc
(xiii) Order 7 Rule 4
Where the plaintiff files a suit in a representative capacity, the facts showing that the plaintiff has an actual
existing interest in the subject-matter and that he has taken steps that may be necessary to enable him to file
such a suit;
(xiv) Order 7 Rule 5
The interest and liability of the defendant in the subject-matter of the suit:
(xv) Order 7 Rule 6
Where the suit is time-barred, the ground upon which the exemption from the law of limitation is claimed.
Provisions for attachment of property
Concept of Order 38 Rule 5 CPC
Order 38 Rule 5 deals with furnishing security for the production of property by the defendant. It states
that if the court is satisfied at any stage of a suit that the defendant may dispose of all or part of the suit
property, or transfer all or part of their property beyond the local limits of the court’s jurisdiction, it may pass
a decree against defendant along with the production of an affidavit by the plaintiff or as the court directs.
The court may direct a time limit to furnish security and a specific amount in the order or to produce and
furnish the property or its value as ordered by the court, or any portion adequate to comply with the decree
or substantiate the reason for not furnishing security. On the direction of the court, the plaintiff is required to
determine the property that must be attached along with its approximate value. The court may order the
conditional attachment of all or part of the suit property. An order of attachment shall be deemed void if it is
made without complying with the provisions of Rule 5.
In the case of Huawei Technologies Co. Ltd. v. Sterlite Technologies Limited (2016), the Delhi High Court
acknowledged that all of the prerequisites of Order 38 Rule 5, CPC must be met before the court may
examine the plaintiff’s claim for securing the sum and that the court must exercise its discretion with
extreme caution.
When the defendant fails to furnish security without any reasonable ground
Order 38 Rule 6 deals with the provision when the defendant fails to furnish security without any reasonable
ground. If the defendant fails to provide any justifiable grounds for giving security or fails to furnish the
security within the period prescribed by the court, the court may order that the suit property or any portion
sufficient to comply with any decree, be attached. The court may order the attachment of the mentioned
property or any portion of it, to be revoked or issue any other order it deems appropriate when the
defendant presents sufficient justification and the required security.
Mode of attachment
The mode of attachment before judgement is outlined in Order 38 Rule 7. It specifies that the attachment
must be made in accordance with the guidelines established for the attachment of property in the execution
of a decree.
The procedure for arresting or attaching property beyond the jurisdiction of a district court is outlined
in Section 136. It states that when an application is made for arresting any person or attaching any property
under Section 136, not relating to the execution of decrees, and such person or property resides outside the
local limits of the jurisdiction of the court to which the application is made, then, at the discretion of the
court, an arrest warrant or an order of attachment may be issued and sent to the district court within whose
jurisdiction the subject of the application is located, along with a copy of the warrant or order and the
probable amount of the costs of the arrest or attachment.
Adjudication of claim to property attached before judgement
The adjudication of a claim to property attached before judgement is outlined under Order 38, Rule 8. It
states that the adjudication of a claim for property attached before judgement should be the same as claims
to property attached in the execution of a decision for the payment of money.
Removal of attachment when security is furnished or a suit is dismissed
The removal of attachment when security is furnished or a suit is dismissed is outlined under Order 38, Rule
9. It states that the court shall order the attachment before judgement to be revoked when the defendant
provides the necessary security along with the attachment fee or when the claim is dismissed.
In the case of Vareed Jacob v. Sosamma Geevarghese & Ors. (2009),
Attachment before judgement does not affect the rights of strangers, nor bar decree-holder from applying
for sale
Order 38, Rule 10 stipulates that attachment before judgement does not affect the rights of strangers or
decree-holders to apply for sale. It states that attachment before judgement shall not impair the rights of
people who are not parties to the suit that existed before the attachment, nor shall any person holding a
decree against the defendant be barred from applying for the sale of the property under attachment in
execution of such a decree.
In the case of C.V. Anandan v. K.V. Easwaran (2021),
  Rule 1 Order XXVII of Code of Civil Procedure 1908 "Suits by or against Government"
In any suit by or against the Government, the plaint or written statement shall be signed by such person as
the Government may, by general or special order, appoint in this behalf, and shall be verified by any person
whom the Government may so appoint and who is acquainted with the facts of the case.
 Rule 2 Order XXVII of Code of Civil Procedure 1908 "Persons authorised to act for Government"
Persons being ex officio or otherwise authorised to act for the Government in respect of any judicial
proceeding shall be deemed to be the recognised agents by whom appearances, acts and applications under
this Code may be made or done on behalf of the Government.
 Rule 3 Order XXVII of Code of Civil Procedure 1908 "Plaints in suits by or against Government"
In suits by or against the Government, instead of inserting in the plaint the name and description and place
of residence of the plaintiff or defendant, it shall be sufficient to insert the appropriate name as provided in
section 79.
 Rule 4 Order XXVII of Code of Civil Procedure 1908 "Agent for Government to receive process"
The Government pleader in any Court shall be the agent of the Government for the purpose of receiving
processes against the Government issued by such Court.
 Rule 5 Order XXVII of Code of Civil Procedure 1908 "Fixing of day for appearance on behalf of
Government"
The Court, in fixing the day for the Government to answer to the plaint, shall allow a reasonable time for the
necessary communication with the Government through the proper channel, and for the issue of
instructions to the Government pleader to appear and answer on behalf of the Government, and may extend
the time at its discretion but the time so extended shall not exceed two months in the aggregate.
 Rule 5B Order XXVI of Code of Civil Procedure 1908 "Duty of Court in suits against the
Government or a public officer to assist in arriving at a settlement"
(1) In every suit or proceeding to which the Government, or a public officer acting in his official capacity, is a
party, it shall be the duty of the Court to make, in the first instance, every endeavour, where it is possible to
do so consistently with the nature and circumstances of the case, to assist the parties in arriving at a
settlement in respect of the subject-matter of the suit.
(2) If, in any such suit or proceeding, at any stage, it appears to the Court that there is a reasonable
possibility of a settlement between the parties, the Court may adjourn the proceeding for such period as it
thinks fit, to enable attempts to be made to effect such a settlement.
(3) The power conferred under sub-rule (2) is in addition to any other power of the Court to adjourn
proceedings.
 Rule 6 Order XXVII of Code of Civil Procedure 1908 "Attendance of person able to answer
questions relating to suit against Government"
The Court may also, in any case in which the Government pleader is not accompanied by any person on the
part of the Government who may be able to answer any material questions relating to the suit, direct the
attendance of such a parson.
 Rule 7 Order XXVII of Code of Civil Procedure 1908 "Extension of time to enable public officer to
make reference to Government"
(1) Where the defended is a public officer and, on receiving the summons, considers it proper to make a
reference to the Government before answering the plaint, he may apply to the Court to grant such extension
of the time fixed in the summons as may be necessary to enable him to make such reference and to receive
orders thereon through the proper channel.
(2) Upon such application the Court shall extend the time for so long as appears to it to be necessary.
 Rule 8 Order XXVII of Code of Civil Procedure 1908 "Procedure in suits against public officer"
(1) Where the Government undertakes the defence of a suit against a public officer, the Government pleader,
upon being furnished with authority to appear and answer the plaint, shall apply to the Court, and upon
such application the Court shall cause a note of his authority to be entered in the register of civil suits.
(2) Where no application under sub-rule (1) is made by the 18[Government pleader] on or before the day
fixed in the notice for the defendant to appear and answer, the case shall proceed as in a suit between
private parties :
Provided that the defendant shall not be liable to arrest, nor his property to attachment, otherwise than in
execution of a decree.
Inherent powers of the court to grant injunction:
Where the cases are not covered by Order 39, Interim injunctions can be granted by the court in exercise of
inherent powers under section 151 of CPC.

Case: Hassan Yusuf Khan vs. Syed Ashia Ali, the court held that Order 39 Rule 1 and sec-151 do not entitle
the court to issue injunctions against the lawful owner. The grant of an id interim injunction is an
extraordinary thing. It is not permissible to grant it unless the plaintiff is undoubtedly entitled to a decree
and the defendant is undoubtedly liable or likely to take away the fruits of the decree. Therefore, inherent
power under section 151 cannot be used as a regular affair when the remedy is available in a specific
provision.
Rule 1 of Order 39, no doubt, enumerates circumstances in which a court I may grant interim injunction. It,
however, nowhere provides that no temporary injunction can be granted by the court unless the case falls
within the said provision. Hence, where the case is not covered by Order 39, interim injunction can be
granted by the court in exercise of inherent powers under Section 151 of the Code.
 Procedure
An application for temporary injunction should be filed with plaint supported by an affidavit.
The Court shall in all cases, before granting an injunction, direct notice of the application for the same to be
given to the opposite party:
Provided that, where it is proposed to grant an injunction without giving notice of the application to the
opposite party, the Court shall record the reasons for its opinion that the object of granting the injunction
would be defeated by delay, and require the applicant-
(a) to deliver to the opposite party, or to send to him by registered post, immediately after the order granting
the injunction has been made, a copy of the application for injunction together with-
(i) a copy of the affidavit filed in support of the application;
(ii) a copy of the plaint; and
(iii) copies of documents oil which the applicant relies, and
(b) to file, on the day on which such injunction is granted or on the day immediately following, that day, an
affidavit stating that the copies aforesaid have been so delivered or sent.
In the case of disobedience of any injunction granted or other order made by court or breach of any of the
terms on which the injunction was granted or the order made, the Court granting the injunction or making
the order, or any Court to which the suit or proceeding is transferred, may order the property of the person
guilty of such disobedience or breach to be attached, and may also order such person to be detained in the
civil prison for a term not exceeding three months, unless in the meantime the Court directs his release.
 Can the court grant ad-interim injunction against the Government or Public officer without
serving notice
Yes, the court has the authority to grant an ad-interim (temporary) injunction against the Government or a
public officer without serving a notice under certain circumstances. Section 80 of the Code of Civil
Procedure, 1908, in India specifies that a notice must be served to the Government or a public officer two
months prior to filing a suit against them for any act done in their official capacity.
However, Section 80 also provides an exception in cases where urgent relief is sought. It states that the court
may grant an ad-interim injunction without serving a notice if the court is satisfied that the circumstances of
the case require immediate relief and delay caused by serving a notice would defeat the purpose of the
injunction.
This exception allows the court to take immediate action when there is an urgent need to prevent irreparable
harm or to maintain the status quo until the matter can be heard in detail. The court's decision to grant ad-
interim injunction without notice would typically be based on the specific facts and circumstances of the
case, ensuring that the interests of justice are served.
Sections 79-82 and Order 27 of the Code of Civil Procedure, 1908[1], deal with the procedure which needs
to be followed in the process of filing of a suit against the government or public officials. Code of civil
procedures prescribes only the procedures. The rights and liabilities of the parties are dealt by
the Constitution of India, 1950.
Limitation bars the remedy but does not extinguish the title

The statement "Limitation bars the remedy but does not extinguish the title" reflects a fundamental
principle under the Limitation Act, 1963. According to this principle, the expiration of the prescribed
limitation period for initiating a legal action (such as a suit) prevents the plaintiff from pursuing a legal
remedy to enforce their rights, but it does not affect the underlying ownership or title to the property in
question. Here's an explanation of this principle in relation to the suit for possession under the Limitation
Act, 1963:

Limitation Act and Remedy: The Limitation Act sets out specific time limits within which a person must file a
suit to enforce their rights. Once the prescribed limitation period has expired, the remedy to initiate a legal
action becomes time-barred. In other words, the right to seek a legal remedy is barred due to the lapse of
time.

Effect on Title: Despite the expiration of the limitation period and the barring of the remedy, the title or
ownership of the property or right in question remains with the rightful owner. The extinguishment of the
remedy does not result in the transfer of title to another party.

Section 27 of the Limitation Act: Section 27 of the Limitation Act, 1963, specifically addresses this principle.
It states that the expiration of the prescribed limitation period does not extinguish the right, title, or interest
of the person who would have been entitled to bring the suit had it been filed within the prescribed time.
The person's title remains intact despite the time-barred remedy.

Suit for Possession: The principle that limitation bars the remedy but does not extinguish the title is
particularly relevant to suits for possession. If a person has a rightful claim to possess a property, but fails to
initiate a suit within the prescribed limitation period, their remedy to recover possession may be time-
barred. However, their underlying title or ownership of the property is not affected by the expiration of the
limitation period.

It is important to note that while the title remains with the rightful owner, the practical enforcement of the
right to possession may be impacted by the time limitation. Once the limitation period has expired, the
defendant in a suit for possession can raise the defense of limitation, and the court will likely dismiss the suit
on that ground.

However, it's essential to consult the specific provisions of the Limitation Act, 1963, and seek legal advice to
understand the application of this principle to your particular circumstances and the requirements for filing a
suit for possession. The interpretation and application of the Act can vary based on various factors, including
the nature of the claim and the specific facts and jurisdiction involved.
 Salient Features of the act

There are some salient features of the act:-

 The Limitation came into force to unify and revise the legal principles about the limitation of suits
and other legal procedures.
 According to the Act’s terms, the suits, appeals and applications submitted beyond the allotted
period get dismissed even if the limitation is not invoked as a defence.
 A counterclaim lodged in a court gets viewed as a separate suit. So, a suit must get launched within
the same time frame as the counterclaim.
 The plaintiff can establish his inability to file a suit, appeal, or application within the specified time
frame due to inadequate reasons. If the court is satisfied by his reasons, it may accept an appeal or
petition after the deadline.
 The Act states that a person with the authority to submit a complaint or seek the defendant’s
execution who is a minor or not in the right mind during filing must get considered when both of his
disabilities have ceased.
 The Act does not apply to any applications filed for extending the limitation period. The date from
which the limitation period for any lawsuit, appeal, or application is calculated is deemed to get
exempted.
 The Act allows landowners to enjoy uninterrupted land usage through an easement for twenty
years.
 The time required to file or obtain a copy of the decree or order for appeal, revising or reviewing
gets excluded under the act.
 Suits about immovable property, trusts, and endowments have a limitation period of up to 12 years.
 Suits relating to accounts, contracts, declarations, claims relating to decrees and instruments, and
lawsuits relating to moveable property can only take three years.
 For cases of torts and miscellaneous matters and suits for which no time of limitation is stipulated
elsewhere in the Schedule to the Act, a period ranging from one to three years has been imposed.
 Before suing foreign rulers, ambassadors, and envoys, Sections 86 and 89 of the Civil Procedure
Code require the Central Government’s approval.
 The Limitation Act of 1963 states that the time spent in getting the consent of the government in
such cases should be omitted from the computation of the limitation period for filing such
proceedings.