Civil Manual 298 — Section

Gujarat High Court Civil Manual (subordinate court practice), 1960

Statutory text

The next step is the examination of the application. This examination should be particularly directed to ascertaining—

(i) whether it is in conformity with Form No. 6 in Appendix E, Schedule I of the Code, (ii) whether it is properly signed and verified, (iii) whether it contains the particulars about the number of the suit, names of the parties and date of the decree, (iv) whether it contains information as to whether an appeal has been preferred from the decree, (v) whether it states if any payment or adjustment of the matter in controversy has been made between the parties subsequent to the decree, (vi) whether it contains information about previous applications for execution of the decree, if any, (vii) whether it contains particulars about dates of previous applications, if any, and their results, (viii) whether it mentions the amount of costs, if any, awarded, (ix) whether it gives the name of the person against whom execution of the decree is sought, (x) whether it mentions the mode in which the assistance of the Court is required, (xi) whether it is filed in time, (xii) whether it is accompanied by a copy of the decree, (xiii) whether in the case of an application for attachment of moveable property, the application is accompanied by an annexure showing the inventory of the property to be attached and its description, (xiv) whether, in the case of an application for attachment of immoveable property, it contains sufficient details of description of the property to enable its identification, and specifies the share or interest of the judgment-debtor as required by rule 13 of Order XXI, (xv) whether in the case of an application for attachment of land assessed to the payment of revenue to the Government, it is accompanied by a certified copy of the current entry in the Record of Rights or Register of Mutations or Register of Tenancies in regard to such land, (xvi) whether, where the application is by an heir of the deceased decree-holder, a Succession Certificate is required.

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