Omission to give notice under Order XXI. Rule 22 will

All India Bar Examination (AIBE) 16-XVI Previous Year Question Papers with Answers

Practice Mode:

25.

Omission to give notice under Order XXI. Rule 22 will

A: Render the execution null and void

B: Render the execution irregular

C: Render the execution voidable

D: Not affect the execution

The answer is: A

<< Previous Question

Next Question >>

Explanation

The correct option is Render the execution null and void

According to the Code of Civil Procedure, 1908, omission to issue a notice in a case where notice is required under sub-rule (1) of Order XXI, Rule 22, or to record reasons in a case where notice is dispensed with under sub-rule (2), shall not affect the jurisdiction of the Court in executing the decree. This sub-rule was inserted by the Amendment Act of 1976 to clarify that the notice under Order XXI, Rule 22 is not mandatory and its omission does not invalidate the execution proceedings. However, the Court may still set aside the execution order if it causes any material irregularity or prejudice to the judgment-debtor.