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HIGH COURT OF CHHATTISGARH, BILASPUR

Bilaspur, the 13th April 2022

MEMO

No. 4953/Rules/2022.⸺ With reference to the subject cited above, it is to inform you that High Court

of Chhattisgarh has been pleased to recommend the following amendments in the Chhattisgarh Civil Courts

Rules, 1961 :-

AMENDMENTS

In the said Rules:-

1. After the Rule 138 (3), the following shall be added :-

"(4) In suits relating to delivery of possession, the court must examine the parties to the suit under

Order X in relation to third party interest and further exercise the power under Order XI Rule 14 asking

parties to disclose and produce documents, upon oath,which are in possession of the parties including

declaration pertaining to third party interest in such properties.

(5) (i) The Court may issue public notice specifying the suit property and inviting claims, if any, that

any person who is in possession of the suit property or claims possession of the suit property or

has any right, title or interest in the said property specifically stating that if the objections are not

raised at this stage, no party shall be allowed to raise any objection in respect of any claim he/she

may have subsequently.

(ii) Affix such notice on the said property.

745

746

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(iii) Issue such ^{notice specifying suit nurnber etc' and the Coufl-in which it is}

pending including ^{details of the suit property and have the same published}

on the official ^{website of the Court'}

(6) In appropriate ^{cases, where the possession is not in dispute and not a question}

of fact ^{for adjudication before the court, the court may appoint commissioner to}

assess the ^{accurate description and status of the property'}

(7) After examination ^{of parties under order X or production of documents under}

order xI ^{or receipt of commission report, the court must adri all necessary or}

proper parties ^{to the'suit, so as to avoid multiplicity of proceedings and also-make}

such ^{joinder of cause of action in the same suit'"}

2. After rule ^{143, the following shall be added:-}

,,1434: Under order XL Rule l- of cPc, a court ^{Receiver can be appointed to}

monitor the ^{status of the property in question as custodia legis for proper}

adjudication ^{of the matter'}

1438: In ^{a suit for payment of money, before settlement of issues' the defendant}

may be required ^{to disclose his assets on oath, to the extent that he is being made}

iiable in ^{a suit. The Court may further, at any stage, in appropriate cases during}

the pendency ^{of suit, using powers under Section 151 CPC, demand security to}

ensure satisfaction ^{of any decree.''}

3. The existing ^{Rule 165 shall be marked as 165(1)"and subsequent to which the}

following ^{shall be added:-}

,,165(2) : The court must, before passing the decree, ^{pertaining to delivery of}

possession of ^{a propefiy ensure that the decree is unambiguous so as to not only}

contain clear ^{description of the ploperty but also having regard to the status of the}

proPertY."

4.Aftersub-rule(3)Rulels4,thefollowingshallbeadded:-

,'(4) : The Executing court must dispose of the Execution ^{Proceedings within six}

months from ^{the date of filing, which ma;' be extended only by recording reasons}

in writing ^{for such delaY'"}

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7 46 ^(rl

5. After Rule 184, the following shall be added:-

' "184 (A) : Under Section 60 of CPC the term"...in name of the judgment-debtor

or by another person in trust for him or on his behalf" should be read liberally to

incorporate any other person from whom he may have the ability to derive share,

profit or property."

6. The existing Rule 186 shall be marked as 186(1) and subsequent to which

foilowing shall he added: =-

"186(2) : Without prejudice to the provisions contained under Order XXI of the

Code of Civil Procedure, 1-908 a decree for payment of the money shall be

:. eX€cuted on oral application, by the Court."

7. After rule 204, the following shall be added:-

"204A2 The Court exercising ^jurisdiction under Section 47 or under Order XXI of

CPC, must not issue notice on an application of third-party claiming rights in a

mechanical manner; Further, the Court should refrain frem entertaining,any such

applicatiop(s) _tha1-!as {ready been_considered by the Court while adjudicating

the suit or which raised any such issue which otherwise could have been raised

and determined during adjudication of suit if due diligence was exercised by the

applicant.

2048: The Court shouid allow taking of evidence during the execution

proceedings only in exceptional and rare cases where the question of fact could

not be decided by resorting to any other expeditious method like appointment of

Commissioner or cailing for eiectronic materials including photographs or video

with affidavits."

8. In the Rule 232(1), for the words and parenthesis:- "make a request through the

District Judge.......

.before the request is forwarded." the following shall be

substituted :-

"direct the concerned Folice Station to provide police a.ssistance to such officials

who are working towards execution of'the decree."

the

9. In th$r

the words ^{and parenthesis "taking eviderie g; ftS gffi}

wo/"r the ^{fotlowing shall be added :-}

.

.

"In addition ^{to this, the Court may also appoint a receiver under Order}

Rule 1

secure the ^{status of the property during the pendency of the suit or while passing a}

decree."

It is, therefore, ^{requested to get the above amendments notified in the official Gazette}

of Govemment ^{of Chhattisgarh after} -dle ^{and appropriate approv-al' A -cop1 9lthe-Gazette be}

made available ^{to this RegistrY.}

sd/-

(lanjay Kumar Jaiswal)

Regisuar General.