Chapter VI NO TITLE

When the parties or their agents have been heard, and the evidence on both sides considered, the village court shall pass such decree as may seem just, equitable, and according to good conscience.

The decree shall contain the number of the suit, the names of the parties, the particulars of the claim, the names of the witnesses examined, the titles of the exhibits read, the decision thereon, and the reasons for such decision. It shall specify the sum of money adjudged, the movable property to be delivered, the sum to be paid in default of delivery, and the amount of costs and by what parties and in what proportions such costs shall be paid. The decree shall be dated on the day on which it is passed, and signed by the village munsif. When the suit has been heard by a [panchayat court], the decree shall be signed by the members of such [panchayat court] concurring therewith.

Amendment of decrees A. The village court may, at any time, correct, either of its own motion or on the application of any of the parties-

1. (1) any clerical or arithmetical mistake in any decree, or
2. (2) any error arising in any decree from any accidental slip or omission.

In suits for money the village court may decree interest on the sum decreed not exceeding twelve per cent per annum from date of suit till date of payment.

Court by which decree may be executed The decree shall be executed by the village court which passed it or by a village court or District Munsif to whom it is sent for execution under the provisions hereinafter contained.

If the decree be for any specific movable, it may be enforced by the seizure of the property, and its delivery to the decree-holder.

Payments of money under a decree or other adjustment to be made or recorded in presence of munsif All money payable under a decree passed by a village court shall be paid to the decree-holder, or his agent specially authorized in writing, in the presence of the village munsif whose duty it is to execute the decree; but if the decree is otherwise adjusted to the satisfaction of the decree-holder, the nature of such adjustment shall be recorded in writing, and signed by him or his agent in the presence of, and attested by, such village munsif. Such payment or adjustment shall be endorsed by the village munsif on the decree, and recorded in the register of suits mentioned in section 10. No payment under a decree, and no adjustment of a decree in whole or in part, shall be recognized unless it has been made or recorded in the manner prescribed by this section, or in the court of the District Munsif.

Subject to the provisions of sections 66 and 67, no judgment-debtor shall be arrested and no immovable property attached in execution of a decree of a village court.

On the application of the decree-holder, [the village court, or in the case of a panchayat court, its president or any other member of the court to whom the president may delegate his power in this behalf, shall attach any movable property within the jurisdiction of the court,] belonging to the judgment-debtor pointed out by the decree-holder, to the value of the sum payable under the decree, [ provided that no property shall be liable to such attachment which is exempt from attachment under section 60 of the Code of Civil Procedure, 1908].

If the property be in the possession of the judgment-debtor, it shall be attached by actual seizure, and the village munsif shall provide for its safe custody. It may be left in the custody of the judgment-debtor, upon sufficient security being given in writing for its production when required.

Mode of dealing with crops or ungathered products after attachment A. Where the crops or ungathered products of any land are attached under section 53, the village court may cause them to be sold when fit for reaping or gathering, or at its option, may cause them to be reaped or gathered in due season and stored in proper places until sold. In the latter case, the expense of reaping or gathering and storing such crops or products shall be defrayed by the judgment-debtor when he redeems the property or from the proceeds of the sale in the event of its being sold.

If the property be not in the possession of the judgment-debtor, the attachment shall be made by a written order prohibiting the person in possession of the property from giving it over to the judgment-debtor.

Debts and moneys due to the judgment-debtor shall be attached by a written order prohibiting the judgment-debtor from recovering the debt or receiving the sum of money, and the debtor from making payment thereof until the further order of the village court.

Private alienation of property after attachment, void When an attachment has been made by actual seizure, or by a written order, any private alienation of the property attached, whether by sale, gift, pledge or otherwise, and any payment of the debt to the judgment-debtor, during the continuance of the attachment, shall be void as against all claims enforceable under the attachment.

If any claim be preferred to property attached in execution of a decree, the village court shall investigate the claim and if it appears that the judgment-debtor has no saleable interest therein, such property shall be released from attachment.

As soon as possible after attachment, the village court shall fix a day not less than fifteen days from the date of attachment, for the sale of the property attached, and shall cause written proclamation of the intended sale to be fixed [outside the court,] and such sale shall be further proclaimed by beat of drum previous thereto: Provided that

1. (1) with the consent in writing of the judgment-debtor, or
2. (2) when the property seized is subject to speedy and natural decay, or
3. (3) when the expense of keeping it in custody may exceed its value, the court may, after giving due notice by beat of drum, sell the attached property at any time within fifteen days from the date of attachment.

Procedure in sale On the day fixed for the sale, the property shall be put up for sale by public auction in the presence of the village munsif, and sold to the highest bidder. The price shall be paid without delay, and in default the property shall again be put up to sale. On payment of the purchase money, the court shall grant a receipt for the same, and the sale shall become absolute.

Power to adjourn sale Any sale advertised under this Act may at the discretion of the court be adjourned to a specified day, public notice thereof being given in the manner prescribed by section 68.

No village munsif or other officer having any duty to perform in connection with any sale under this Act shall, either directly or indirectly, bid for or acquire any interest in any property sold at such sale.

Every sale of property under this Act shall be stopped if, before the lot is knocked down, the amount due under the decree and the costs attending the sale are tendered to the village munsif.

Out of moneys realized in execution, the cost of execution shall first be defrayed and then the amount due to the decree-holder.

Property actually seized to be delivered to purchaser When the property sold is one of which actual seizure has been made, the property shall be delivered to the purchaser.

When the property sold is in the possession of any person other than the judgment-debtor, or is a debt due by any person to the judgment-debtor, delivery thereof to the purchaser shall be made by a written notice to such person, prohibiting him from delivering possession of the property or paying the debt to any person except the purchaser, and whatever right the judgment-debtor had in such property or debt at the time of attachment shall vest in the purchaser.

1. (1) Any decree passed by a village court may, on the application of the decree-holder, be transmitted for execution to the District Munsif, who may—
   • (a) execute the decree as if it were a decree passed by himself ; or
   • (b) transmit it for execution to the court of any other village within his jurisdiction in which the defendant is represented to have movable property ; or
   • (c) transmit it to the court of any other District Munsif within whose jurisdiction the defendant is represented to reside or to have property.
2. (2) The District Munsif to whom a decree has been transmitted under clause
   • (c) of sub-section
3. (1) may execute the decree as if it were a decree passed by himself or transmit it for execution to the court of any village within his jurisdiction in which the defendant is represented to have movable property.
4. (3) The village court to which the decree is transmitted under clause
   • (b) of sub-section
5. (1) or sub-section
6. (2) shall proceed as if the decree was passed by itself.

It shall be competent to the District Munsif to withdraw the execution of any decree from any village court, and to execute it himself as if it were a decree passed by himself.

A. Notwithstanding anything contained in the Code of Civil Procedure, 1908, no appeal shall lie from any order made by a District Munsif relating to the attachment or sale of movable property in execution of any decree passed by a village court.