Order 21 Rule 2(2) CPC Application Template

About this agreement

Application Under Order 21, Rule 2(2), C. P. C. Format

Struggling to record the satisfaction of a decree paid outside court? Download our ready-to-use Application Under Order 21, Rule 2(2), C. P. C. Format today and ensure smooth closure of execution proceedings in Indian courts.

What is an Application Under Order 21, Rule 2(2), C. P. C.?

The Application Under Order 21, Rule 2(2), C. P. C. Format is a vital legal document governed by Order 21 Rule 2(2) of the Code of Civil Procedure, 1908 (CPC) in India. This rule mandates that when a decree-holder receives payment or the decree is adjusted out of court, either party—the decree-holder or judgment-debtor—must apply to the executing court within 30 days to certify the satisfaction. This prevents unauthorized execution and formally closes the case, avoiding penalties under Rule 2(3).

Ideal for civil execution cases, this legal template streamlines the process, ensuring your application meets court standards for quick approval.

Why is Application Under Order 21, Rule 2(2), C. P. C. Format Important?

Timely filing of this application is crucial to:

Avoid Penalties: Non-compliance can result in fines or continued harassment through execution.
Protect Rights: It officially records payment, stopping attachments, sales, or arrests.
Legal Compliance: Courts in India strictly enforce the 30-day limit; a professional Application Under Order 21, Rule 2(2), C. P. C. sample ensures no procedural lapses.
Efficiency: Save hours drafting from scratch—use our customizable format instead.

Whether settling money decrees, property disputes, or commercial claims, this document safeguards all parties.

Key Elements of Application Under Order 21, Rule 2(2), C. P. C.

Our ready-to-use Application Under Order 21, Rule 2(2), C. P. C. Format includes all essential sections:

Heading and Court Details: Jurisdiction, execution case number, suit details.
Parties' Information: Full names, addresses of decree-holder and judgment-debtor.
Decree Particulars: Date of decree, nature (money, immovable property), original amount, and balance paid.
Facts of Satisfaction: Precise date, mode of payment (cheque, cash, adjustment), supporting documents like receipts or bank statements.
Affidavit/Verification: Sworn statement confirming facts.
Prayer Clause: Request to record satisfaction, stay execution, and issue necessary orders.
Annexures: Copies of decree, payment proofs.

This comprehensive structure aligns with High Court and District Court requirements across India.

Who Should Use This Application Under Order 21, Rule 2(2), C. P. C. Format?

Judgment-Debtors: After out-of-court settlements in debt recovery, family disputes, or commercial suits.
Decree-Holders: To acknowledge receipts and maintain good faith.
Lawyers/Advocates: For efficient client filings in civil execution matters.

Common use cases: Money decree executions, mortgage redemptions, partition suits under CPC in states like Maharashtra, Delhi, Uttar Pradesh.

Download Your Customizable Application Under Order 21, Rule 2(2), C. P. C. Format Now!

Get instant access to our free download option or premium PDF/Word format for unlimited customizations. Perfect for India courts—legal template ready in minutes!

Note: This Application Under Order 21, Rule 2(2), C. P. C. sample is a customizable tool. Always consult a qualified lawyer for case-specific advice. Not legal advice. Explore related templates like execution petitions, satisfaction certificates, or other CPC formats for comprehensive legal support.

APPLICATION UNDER ORDER 21, RULE 2(2), C. P. C.

APPLICATION UNDER ORDER 21, RULE 2(2), C. P. C.

IN THE COURT OF....................

Suit No..................... of 19........................................

C. D.................................;................................. Plaintiff

versus

C. F................................................................ Defendant

The applicant most respectfully submits as under: ?

1. That a decree for payment of Rs..................... together with Rs. .................... as costs was passed by this Hon?ble Court against the applicant in suit No..................... of 19.................... which was decreed on.................... between .................... plaintiff versus.................... Defendant.

2. That the total decreetal amount is Rs.....................

3. That out of the total decreetal amount the applicant has paid Rs. .................... to the decree-holder out of the Court in part satisfaction of the decree and has obtained a duly signed receipt therefor from the decree-holder which is annexed hereto and marked as Annexure A-l.

4. That the decree-holder has not certified the payment made to him by the applicant in this Hon?ble Court so far.

PRAYER

It is therefore most respectfully prayed that this Hon?ble Court may be pleased to issue notice to the decree holder to show cause as to why the payment should not be recorded as certified.

It is accordingly prayed.

Applicant

Through Advocate

Place:.....................

Dated:.....................

CASE LAW

Order 21 Rule 2

CERTIFICATION FOR ADJUSTMENT ? CONDITIONS FOR.

The rule is well-established that there can be no certification of an adjustment between the decree-holder and the judgment-debtor O. 21, R. 2 after an auction sale is held in a case where a third party?s interest intervenes. In such a case, the Court has no alternative but to confirm the sale under Order 21, Rule 92 of the Code1. The Judicial Committee or the Privy Council in dealing with Order 21, Rule 2 held that an adjustment between the decree-holder and the judgment-debtor come at any time before the commission of an execution sale cannot nullify the decree by taking away the very foundation of the Court?s power to execute the decree, viz., the existence of a decree capable of execution1a.

SCOPE OF THE RULE

If an auction sale is to be disregarded the adjustment or full satisfaction of the decree must be made under O. 21, R. 2 before the sale. In such a case the sale is altogether void and without jurisdiction and need not, therefore, be set aside and there is no scope for making an application for setting aside the sale2.

APPLICABILITY OF THE RULE.

The law is clear that this Rule applies to adjustment of a money decree as well and the executing Court is bound to execute the decree even if the decree had been satisfied fully out of Court, unless the action had been certified or recorded by the executing Court in the manner provided by the Rule-3.

CONDITIONS FOR APPLICABILITY OF THE RULE.

Before the provisions of this Rule can apply, the decree must be a money decree in one form or another. Where the decree is for possession, injunction, etc., pure and simple without there being any direction for payment of money in any shape or form, the provisions of this Rule will have no application4.

1. Seth Nanhemal v. Umrao Singh, (1931) 58 I. A. 50(56).

la. Mohd. Yunus v. Mohd. Mustaqim and others, (1983) 4 S. C. C. 566: A. I. R. 1984 S. C. 38: (1984) 1 S. C. R. 211.

2. Parbatibai v. Dr. Smt. Laxmi Devi, 1972 M. P. L. J. 155.

3. A. V. Kannappa Mudaliar v. V. C. Chella Kutti Udayanr, (1972) 2 M. L. J. 7: 85 L. W. 187.

4. Kunjlal v. Jagdish, 1972 Kash. L. J. 142.

WARRANTS OF RESTORATION OF POSSESSION.

Order 21, Rule 32

Warrants of restoration of possession can be issued in favour of decree holder under Order 21 Rule 32 CPC.5

MEANING OF ?ADJUSTMENT?.

An agreement between decree-holder and judgment-debtor to divide the disputed property and exercise full ownership over the part which was set apart to their respective shares, amounts to adjustment of the decree notwithstanding the executory character of the contract6.

APPROPRIATION OF DEPOSIT OF DECREETAL AMOUNT.

When the amounts paid by the debtor would be carrying counter interest, a certain portion of the decreetal amount relating to costs and current interest would not be carrying any interest at all. In order to avoid an incorrect result, the proper method that should be adopted is to appropriate the payments made by the judgment debtor first towards costs and interest payable under the decree and if any balance remains after such appropriation towards discharge of the principal amount7.

LIMITATION FOR PAYMENT OUT OF COURT AND CERTIFICATION BY DECREE-HOLDER.

There is no period of limitation prescribed for a certification by the decree-holder. No particular form of certification has been prescribed. A statement as to payment or adjustment made in column 5 of an execution application is, therefore, a proper certification and the execution Court is not precluded from recognising it under this Rule. The adjustment effected between the parties must be regarded as having been certified by the decree-holder and the Court executing the decree is not barred from recognising it8.

EXECUTION PETITION ? CIVIL COURT CANNOT REFER MATTER OF IMPLEMENTATION OF DECREE TO POLICE DURING PENDENCY

Order 21 Rule 32

In an execution petition under Order 21 which is pending before the Executive

5. Nanda v. Ram Dhan, 2001 (2) CCC 330 (P&H).

6. P. Kunhi Kanan Nair v. N. Krishan, A. I. R. 1972 Ker. 90.

7. L. I. G. v. B. R. Honnappa, (1972) 2 Mys. L. J. 169.

8. Ram Kumar Bhargava v. Chaubey Rudra Datta, A. I. R. 1966 All. 556.

Court, at no point of time the Civil Courts can refer the matter of implementation of the decree, to the police. 9

WARRANTS OF RESTORATION OF POSSESSION.

Order 21, Rule 32

Warrants of restoration of possession can be issued in favour of decree holder under Order 21 Rule 32 CPC.10

9. Golikota Reddy v. Goli Raja Gopala Reddy, AIR 2001 AP. 110.

10. Nanda v. Ram Dhan, 2001 (2) CCC 330 (P. & H. ).

0 PDF downloads

0 Word downloads

Download PDF₹99 Download Word₹99

Important Guidelines

Guidelines for Drafting Application under Order 21, Rule 2(2), C.P.C.:

Title and Heading: Begin with a clear title, "Application under Order 21, Rule 2(2) of the Civil Procedure Code," specifying the court details, case number, and parties involved.

Introduction: Provide a concise introduction, outlining the purpose of the application. Such applications are used to seek execution of a decree for possession of immovable property.

Legal Basis: Clearly cite Order 21, Rule 2(2) of the Civil Procedure Code as the legal foundation for filing the application, emphasizing the need for execution of the decree and obtaining possession of the property.

Factual Background: Present a clear and comprehensive account of the facts leading to the application, specifying details of the decree, the property involved, and any relevant circumstances.

Relief Sought: Clearly state the relief sought, which is the execution of the decree for possession, and provide any additional details or conditions necessary for the court to grant the relief.

Common Mistakes to Avoid:

Inadequate Property Description: Clearly describe the immovable property subject to the decree, preventing ambiguity or disputes during execution.

Neglecting Legal Formalities: Familiarize yourself with procedural rules governing applications under Order 21, Rule 2(2), adhering strictly to timelines and requirements.

Failure to Provide Copy of Decree: Ensure that a certified copy of the decree is attached to the application, as it is a crucial document for the court to process the execution.

Incomplete or Incorrect Parties: Clearly identify all parties involved, including the decree-holder and the judgment debtor, avoiding confusion or procedural delays.

Lack of Notice to Opposing Party: Serve proper notice to the judgment debtor, informing them of the application and providing an opportunity to respond before the court decides on execution.

Applications under Order 21, Rule 2(2) are pivotal in securing possession of immovable property as per a court decree. Following these guidelines and avoiding common mistakes ensures that the application is legally robust, effectively communicates the need for execution, and contributes positively to the court's decision-making process.

Frequently asked questions

What is an Application under Order 21 Rule 2(2) CPC?→

This is a legal application filed in Indian courts under the Code of Civil Procedure (CPC) to record the satisfaction of a decree due to payment or adjustment made out of court, preventing further execution proceedings.

Is this application format valid across India?→

Yes, it complies with Order 21 Rule 2(2) of the CPC, which is applicable in all Indian courts for civil decree execution matters.

Do I need to pay stamp duty or court fee for this application?→

Court fee is applicable as per the relevant state court fees rules; no specific stamp duty is required for this application, but verify with the local court rules.

In what format can I download this Application under Order 21 Rule 2(2) CPC?→

Download available in editable Word and PDF formats for easy customization and printing.

Can I edit or customize this application template?→

Yes, the Word format is fully customizable to include specific details like case number, parties, and payment proofs before filing.

When and who should use this application?→

Decree holders or judgment creditors use it after out-of-court settlement to apply for court certification of decree satisfaction in India.

APPLICATION UNDER ORDER 21, RULE 2(2), C. P. C.

APPLICATION UNDER ORDER 21, RULE 2(2), C. P. C.

IN THE COURT OF....................

Suit No..................... of 19........................................

C. D.................................;................................. Plaintiff

versus

C. F................................................................ Defendant

The applicant most respectfully submits as under: ?

2. That the total decreetal amount is Rs.....................

4. That the decree-holder has not certified the payment made to him by the applicant in this Hon?ble Court so far.

PRAYER

It is therefore most respectfully prayed that this Hon?ble Court may be pleased to issue notice to the decree holder to show cause as to why the payment should not be recorded as certified.

It is accordingly prayed.

Applicant

Through Advocate

Place:.....................

Dated:.....................

CASE LAW

Order 21 Rule 2

CERTIFICATION FOR ADJUSTMENT ? CONDITIONS FOR.

SCOPE OF THE RULE

APPLICABILITY OF THE RULE.

CONDITIONS FOR APPLICABILITY OF THE RULE.

1. Seth Nanhemal v. Umrao Singh, (1931) 58 I. A. 50(56).

la. Mohd. Yunus v. Mohd. Mustaqim and others, (1983) 4 S. C. C. 566: A. I. R. 1984 S. C. 38: (1984) 1 S. C. R. 211.

2. Parbatibai v. Dr. Smt. Laxmi Devi, 1972 M. P. L. J. 155.

3. A. V. Kannappa Mudaliar v. V. C. Chella Kutti Udayanr, (1972) 2 M. L. J. 7: 85 L. W. 187.

4. Kunjlal v. Jagdish, 1972 Kash. L. J. 142.

WARRANTS OF RESTORATION OF POSSESSION.

Order 21, Rule 32

Warrants of restoration of possession can be issued in favour of decree holder under Order 21 Rule 32 CPC.5

MEANING OF ?ADJUSTMENT?.

APPROPRIATION OF DEPOSIT OF DECREETAL AMOUNT.

LIMITATION FOR PAYMENT OUT OF COURT AND CERTIFICATION BY DECREE-HOLDER.

EXECUTION PETITION ? CIVIL COURT CANNOT REFER MATTER OF IMPLEMENTATION OF DECREE TO POLICE DURING PENDENCY

Order 21 Rule 32

In an execution petition under Order 21 which is pending before the Executive

5. Nanda v. Ram Dhan, 2001 (2) CCC 330 (P&H).

6. P. Kunhi Kanan Nair v. N. Krishan, A. I. R. 1972 Ker. 90.

7. L. I. G. v. B. R. Honnappa, (1972) 2 Mys. L. J. 169.

8. Ram Kumar Bhargava v. Chaubey Rudra Datta, A. I. R. 1966 All. 556.

Court, at no point of time the Civil Courts can refer the matter of implementation of the decree, to the police. 9

WARRANTS OF RESTORATION OF POSSESSION.

Order 21, Rule 32

Warrants of restoration of possession can be issued in favour of decree holder under Order 21 Rule 32 CPC.10

9. Golikota Reddy v. Goli Raja Gopala Reddy, AIR 2001 AP. 110.

10. Nanda v. Ram Dhan, 2001 (2) CCC 330 (P. & H. ).

0 PDF downloads

0 Word downloads

Download PDF₹99 Download Word₹99