In the First Schedule, in Order XXI,-



(i)for rule 1, the following rule shall be substituted, namely:-



"1.Modes of paying money under decree.- (1) All money, payable under a decree shall be paid as follows, namely:-



(a) by deposit into the Court whose duty it is to execute the decree, or sent to that Court by postal money order or through a bank; or



(b) out of Court, to the decree-holder by postal money order or through a bank or by any other mode wherein payment is evidenced in writing; or



(c) otherwise, as the Court which made the decree, directs.



(2)Where any payment is made under clause (a) or clause (c) of sub-rule (1), the judgment-debtor shall give notice thereof to the decree-holder either through the Court or directly to him by registered post, acknowledgement due.



(3)Where money is paid by postal money order or through a bank under clause (a) or clause (b) of sub-rule (1), the money order or payment through bank, as the case may be, shall accurately state the following particulars, namely:-



(a) the number of the original suit;



(b) the names of the parties or where there are more than two plaintiffs or more than two defendants, as the case may be, the names of the first two plaintiffs and the first two defendants;



(c) how the money remitted is to be adjusted, that is to say, whether it is towards the principal, interest or costs;



(d) the number of the execution case of the Court, where such case is pending; and



(e) the name and address of the payer.



(4)On any amount paid under clause (a) or clause (c) of sub-rule (1), interest, if any, shall cease to run from the date of service of the notice referred to in sub-rule (2).



(5)On any amount paid under clause (b) of sub-rule (1), interest, if any, shall cease to run from the date of such payment:



Provided that, where the decree-holder refuses to accept the postal money order or payment through a bank, interest shall cease to run from the date on which the money was tendered to him, or where he avoids acceptance of the postal money order or payment through bank, interest shall cease to run from the date on which the money would have been tendered to him in the ordinary course of business of the postal authorities or the bank, as the case may be.";



(ii)in rule 2,-



(a)in sub-rule (1), for the words "or the decree is otherwise adjusted", the words "or a decree of any kind is otherwise adjusted" shall be substituted;



(b)in sub-rule (2), after the words "the judgment-debtor", the words "or any person who has become surety for the judgment-debtor" shall be inserted;



(c)after sub-rule (2), the following sub-rule shall be inserted, namely:-



"(2A) No payment or adjustment shall be recorded at the instance of the judgment-debtor unless-



(a) the payment is made in the manner, provided in rule 1; or



(b) the payment or adjustment is proved by documentary evidence; or



(c) the payment or adjustment is admitted by, or on behalf of, the decree-holder in his reply to the notice given under sub-rule (2) of rule 1, or before the Court.";



(iii)for rule 5, the following rule shall be substituted, namely:-



"5.Mode of transfer.- Where a decree is to be sent for execution to another Court, the Court which passed such decree shall send the decree directly to such other Court whether or not such other Court is situated in the same State, but the Court to which the decree is sent for execution shall, if it has no jurisdiction to execute the decree, send it to the Court having such jurisdiction.";



(iv)in rule 11, in sub-rule (2), in clause (j), for sub-clause (ii), the following sub-clause shall be substituted, namely:-



"(ii) by the attachment, or by the attachment and sale, or by the sale without attachment, of any property;";



(v)after rule 11, the following rule shall be inserted, namely:-



"11A.Application for arrest to state grounds.- Where an application is made for the arrest and detention in prison of the judgment-debtor, it shall state, or be accompanied by an affidavit stating, the grounds on which arrest is applied for.";



(vi)in rule 16, the following Explanation shall be inserted at the end, namely:-



"Explanation.- Nothing in this rule shall affect the provisions of section 146, and a transferee of rights in the property, which is the subject-matter of the suit, may apply for execution of the decree without a separate assignment of the decree as required by this rule.";



(vii)in rule 17,-



(a)in sub-rule (1), for the words "the Court may reject the application, or may allow", the words "the Court shall allow" shall be substituted;



(b)after sub-rule (1), the following sub-rule shall be inserted, namely:-



"(1A) If the defect is not so remedied, the Court shall reject the application:



Provided that where, in the opinion of the Court, there is some inaccuracy as to the amount referred to in clauses (g) and (h) of sub-rule (2) of rule 11, the Court shall, instead of rejecting the application, decide provisionally (without prejudice to the right of the parties to have the amount finally decided in the course of the proceedings) the amount and make an order for the execution of the decree for the amount so provisionally decided.";



(viii)in rule 22, in sub-rule (1),-



(a)for the words "one year", wherever they occur, the words "two years" shall be substituted;



(b)in clause (b), the word "or" shall be inserted at the end;



(c)after clause (b), the following clause shall be inserted, namely:-



"(c) against the assignee or receiver in insolvency, where the party to the decree has been adjudged to be an insolvent.";



(ix)after rule 22, the following rule shall be inserted, namely:-



"22ASale not to be set aside on the death of the judgment-debtor before the sale but after the service of the proclamation of sale.- Where any property is sold in execution of a decree, the sale shall not be set aside merely by reason of the death of the judgment-debtor between the date of issue of the proclamation of sale and the date of the sale notwithstanding the failure of the decree-holder to substitute the legal representative of such deceased judgment-debtor, but, in cash of such failure, the Court may set aside the sale if it is satisfied that the legal representative of the deceased judgment-debtor has been prejudiced by the sale.";



(x)in rule 24, for sub-rule (3), the following sub-rule shall be substituted, namely:-



"(3) In every such process, a day shall be specified on or before which it shall be executed and a day shall also be specified on or before which it shall be returned to the Court, but no process shall be deemed to be void if no day for its return is specified therein.";



(xi)in rule 26, in sub-rule (3), for the words "the Court may require", the words "the Court shall require" shall be substituted;



(xii)in rule 29,-



(a)after the words "a decree of such Court", the words "or of a decree which is being executed by such Court" shall be inserted;



(b)the following proviso shall be added at the end, namely:-



"Provided that if the decree is one for payment of money, the Court shall, if it grants stay without requiring security, record its reasons for so doing.";



(xiii)in rule 31, in sub-rules (2) and (3), for the words "six months", wherever they occur, the words "three months" shall be substituted;



(xiv)in rule 32, in sub-rules (3) and (4), for the words "one year", wherever they occur, the words "six months" shall be substituted;



(xv)in rule 34, for sub-rule (6), the following sub-rule shall be substituted, namely:-



"(6) (a) Where the registration of the document is required under any law for the time being in force, the Court, or such officer of the Court as may be authorised in this behalf by the Court, shall cause the document to be registered in accordance with such law.



(b)Where the registration of the document is not so required, but the decree-holder desires it to be registered, the Court may make such order as it thinks fit.



(c)Where the Court makes any order for the registration of any document, it may make such order as it thinks as to the expenses of registration.";



(xvi)rule 41 shall re-numbered as sub-rule (1) of that rule, and-



(a)in sub-rule (1) as so re-numbered, in clause (b), for the words "in the case of a corporation", the words "where the judgment-debtor is a corporation" shall be substituted;



(b)after sub-rule (1) as so re-numbered, the following sub-rules shall be inserted, namely:-



"(2) Where a decree for the payment of money has remained unsatisfied for a period of thirty days, the Court may, on the application of the decree-holder and without prejudice to its power under sub-rule (1), by order require the judgment-debtor or where the judgment-debtor is a corporation, any officer thereof, to make an affidavit stating the particulars of the assets of the judgment-debtor.



(3) In case of disobedience of any order made under sub-rule (2), the Court making the order, or any Court to which the proceeding is transferred, may direct that the person disobeying the order be detained in the civil prison for a term not exceeding three months unless before the expiry of such term the Court directs his release.";



(xvii)after rule 43, the following rule shall be inserted, namely:-



'43A.Custody of movable property.- (1) Where the property attached consists of live-stock, agricultural implements or other articles which cannot conveniently be removed and the attaching officer does not act under the proviso to rule 43, he may, at the instance of the judgment-debtor or of the decree-holder or of any other person claiming to be interested in such property, leave it in the village or place where it has been attached, in the custody of any respectable person (hereinafter referred to as the "custodian").



(2)If the custodian fails, after due notice, to produce such property at the place named by the Court before the officer deputed for the purpose or to restore it to the person in whose favour restoration is ordered by the Court, or if the property, though so produced or restored, is not in the same condition as it was when it was entrusted to him,-



(a) the custodian shall be liable to pay compensation to the decree-holder, judgment-debtor or any other person who is found to be entitled to the restoration thereof, for any loss or damage caused by his default; and



(b) such liability may be enforced-



(i) at the instance of the decree-holder, as if the custodian were a surety under section 145;



(ii) at the instance of the judgment-debtor or such other person, on an application in execution; and



(c) any order determining such liability shall be appealable as a decree.';



(xviii)after rule 46, the following rules shall be inserted, namely:-



"46A.Notice to garnishee.- (1) The Court may in the case of a debt (other than a debt secured by a mortgage or a charge) which has been attached under rule 46, upon the application of the attaching creditor, issue notice to the garnishee liable to pay such debt, calling upon him either to pay into Court the debt due from him to the judgment-debtor or so much thereof as may be sufficient to satisfy the decree and costs of execution, or to appear and show cause why he should not do so.



(2)An application under sub-rule (1) shall be made on affidavit verifying the facts alleged and stating that, in the belief of the deponent, the garnishee is indebted to the judgment-debtor.



(3)Where the garnishee pays in the Court the amount due from him to the judgment-debtor or so much thereof as is sufficient to satisfy the decree and the costs of the execution the Court may direct that the amount may be paid to the decree-holder towards satisfaction of the decree and costs of the execution.



46B .Order against garnishee



Where the garnishee does not forthwith pay into Court the amount due from him to the judgment-debtor or so much thereof as is sufficient to satisfy the decree and the costs of execution, and does not appear and show cause in answer to the notice, the Court may order the garnishee to comply with the terms of such notice, and on such order, execution may issue as though such order were a decree against him.



46C . Trial of disputed questions



Where the garnishee disputes liability, the Court may order that any issue or question necessary for the determination of liability shall be tried as if it were an issue in a suit, and upon the determination of such issue shall make such order or orders as it deems fit:



Provided that if the debt in respect of which the application under rule 46A is made is in respect of a sum of money beyond the pecuniary jurisdiction of the Court, the Court shall send the execution case to the Court of the District Judge to which the said Court is subordinate, and thereupon the Court of the District Judge or any other competent Court to which it may be transferred by the District Judge shall deal with it in the same manner as if the case had been originally instituted in that Court.



46D. Procedure where debt belongs to third person



Where it is suggested or appears to be probable that the debt belongs to some third person, or that any third person has a lien or charge on, or other interest in, such debt, the Court may order such third person to appear and state the nature and particulars of his claim, if any, to such debt and prove the same.



46E.Order as regards third persons



After hearing such third person and any person or persons who may subsequently be ordered to appear, or where such third or other person or persons do not appear when so ordered, the Court may make such order as is hereinbefore provided, or such other order or orders upon such terms, if any, with respect to the lien, charge or interest, as the case may be, of such third or other person or persons as it may deem fit and proper.



46F. Payment by garnishee to be valid discharge



Payment made by the garnishee on notice under rule 46A or under any such order as aforesaid shall be a valid discharge to him as against the judgment-debtor and any other person ordered to appear as aforesaid for the amount paid or levied, although the decree in execution of which the application under rule 46A was made, or the order passed in the proceedings on such application, may be set aside or reversed.



46G .Costs



The costs of any application made under rule 46A and of any proceeding arising therefrom or incidental thereto shall be in the discretion of the Court.



46H . Appeals



An order made under rule 46B, rule 46C or rule 46E shall be appealable as a decree.



46-I .Application to negotiable instruments



The provisions of rules 46A to 46H (both inclusive) shall, so far as may be, apply in relation to negotiable instruments attached under rule 51 as they apply in relation to debts.";



(xix)in rule 48,-



(a)in sub-rule (1), after the words "local authority", the words and figures "or of a servant of a corporation engaged in any trade or industry which is established by a Central, Provincial or State Act, or a Government company as defined in section 617 of the Companies Act, 1956(1 of 1956)" shall be inserted.



(b)for sub-rule (3), the following sub-rule shall be substituted, namely:-



"(3) Every order made under this rule, unless it is returned in accordance with the provisions of sub-rule (2), shall, without further notice or other process, bind the appropriate Government or the railway company or local authority or corporation or Government company, as the case may be, while the judgment-debtor is within the local limits to which this Code for the time being extends and while he is beyond those limits, if he is in receipt of any salary or allowances payable out of the Consolidated Fund of India or the Consolidated Fund of the State or the funds of a railway company or local authority or corporation or Government company in India; and the appropriate Government or the railway company or local authority or corporation or Government company, as the case may be, shall be liable for any sum paid in contravention of this rule.";



(c)for the Explanation, the following Explanation shall be substituted, namely:-



'Explanation.- In this rule, "appropriate Government" means,-



(i) as respects any person in the service of the Central Government, or any servant of a railway administration or of a cantonment authority or of the port authority of a major port, or any servant of a corporation engaged in any trade or industry which is established by a Central Act, or any servant of a Government company in which any part of the share capital is held by the Central Government or by more than one State Governments or partly by the Central Government and partly by one or more State Governments, the Central Government.';



(ii) as respects any other servants of the Government, or a servant of any other local or other authority, or any servant of a corporation engaged in any trade or industry which is established by a Provincial or State Act, or a servant of any other Government company, the State Government.';



(xx)after rule 48, the following rule shall be inserted, namely:-



"48A.Attachment of salary or allowances of private employees.- (1) Where the property to be attached is the salary or allowances of an employee other than an employee to whom rule 48 applies, the Court, where the disbursing officer of the employee is within the local limits of the Court's jurisdiction, may order that the amount shall, subject to the provisions of section 60, be withheld from such salary or allowances either in one payment or by monthly instalments as the Court may direct; and upon notice of the order to such disbursing officer, such disbursing officer shall remit to the Court the amount due under the order, or the monthly instalments, as the case may be.



(2)Where the attachable portion of such salary or allowances is already being withheld or remitted to the Court in pursuance of a previous and unsatisfied order of attachment, the disbursing officer shall forthwith return the subsequent order to the Court issuing it with a full statement of all the particulars of the existing attachment.



(3)Every order made under this rule, unless it is returned in accordance with the provisions of sub-rule (2), shall, without further notice or other process, bind the employer while the judgment-debtor is within the local limits to which this Code for the time being extends and while he is beyond those limits, if he is in receipt of salary or allowances payable out of the funds of an employer in any part of India; and the employer shall be liable for any sum paid in contravention of this rule.";



(xxi)in rule 50,-



(a)in the proviso to sub-rule (1), for the words and figures "section 247 of the Indian Contract Act, 1872(9 of 1872)", the words and figures "section 30 of the Indian Partnership Act, 1932" (9 of 1932) shall be substituted;



(b)after sub-rule (4), the following sub-rule shall be inserted, namely:-



"(5) Nothing in this rule shall apply to a decree passed against a Hindu undivided family by virtue of the provisions of rule 10 of Order XXX.";



(xxii)in rule 53,-



(a)in sub-rule (1), for sub-clause (ii) of clause (b), the following sub-clause shall be substituted, namely:-



"(ii) (a) the holder of the decree sought to be executed, or



(b) his judgment-debtor with the previous consent in writing of such decree-holder, or with the permission of the attaching Court,



applies to the Court receiving such notice to execute the attached decree.";



(b)in sub-rule (6), after the words "in contravention of such order", the words "with knowledge thereof or" shall be inserted;



(xxiii)in rule 54,-



(a)after sub-rule (1), the following sub-rule shall be inserted, namely:-



"(1A) The order shall also require the judgment-debtor to attend Court on a specified date to take notice of the date to be fixed for settling the terms of the proclamation of sale.";



(b)in sub-rule (2), the words "and, where the property is land situate in a village, also in the office of the Gram Panchayat, if any, having jurisdiction over that village," shall be added at the end;



(xxiv)for rule 57, the following rule shall be substituted, namely:-



"57.Determination of attachment.- (1) Where any property has been attached in execution of a decree and the Court, for any reason, passes an order dismissing the application for the execution of the decree, the Court shall direct whether the attachment shall continue or cease and shall also indicate the period up to which such attachment shall continue or the date on which such attachment shall cease.



(2)If the Court omits to give such direction, the attachment shall be deemed to have ceased.";



(xxv)for the sub-heading "Investigation of claims and objections" and for rules 58 to 63, the following sub-heading and rules shall be substituted, namely:-



"Adjudication of claims and objections



"58.Adjudication of claims to, or objections to attachment of, property.- (1) Where any claim is preferred to, or any objection is made to the attachment of, any property attached in execution of a decree on the ground that such property is not liable to such attachment, the Court shall proceed to adjudicate upon the claim or objection in accordance with the provisions herein contained:



Provided that no such claim or objection shall be entertained-



(a)where, before the claim is preferred or objection is made, the property attached has already been sold; or



(b)where the Court considers that the claim or objection was designedly or unnecessarily delayed.



(2)All questions (including questions relating to right, title or interest in the property attached) arising between the parties to a proceeding or their representatives under this rule and relevant to the adjudication of the claim or objection, shall be determined by the Court dealing with the claim or objection and not by a separate suit.



(3)Upon the determination of the questions referred to in sub-rule (2), the Court shall, in accordance with such determination,-



(a)allow the claim or objection and release the property from attachment either wholly or to such extent as it thinks fit; or



(b)disallow the claim or objection; or



(c)continue the attachment subject to any mortgage charge or other interest in favour of any person; or



(d)pass such order as in the circumstances of the case it deems fit.



(4)Where any claim or objection has been adjudicated upon under this rule, the order made thereon shall have the same force and be subject to the same conditions as to appeal or otherwise as if it were a decree.



(5)Where a claim or an objection is preferred and the Court, under the proviso to sub-rule (1), refuses to entertain it, the party against whom such order is made may institute a suit to establish the right which he claims to the property in dispute; but, subject to the result of such suit, if any, an order so refusing to entertain the claim or objection shall be conclusive.



59 . Stay of sale



Where before the claim was preferred or the objection was made, the property attached had already been advertised for sale, the Court may-



(a)if the property is movable, make an order postponing the sale pending the adjudication of the claim or objection, or



(b)if the property is immovable, make an order that, pending the adjudication of the claim or objection, the property shall not be sold, or, that pending such adjudication, the property may be sold but the sale shall not be confirmed,



and any such order may be made subject to such terms and conditions as to security or otherwise as the Court thinks fit.";



(xxvi)in rule 66,-



(a)in sub-rule (2), in clause (a), after the words "the property to be sold", the words "or, where a party of the property would be sufficient to satisfy the decree, such part" shall be inserted;



(b)to sub-rule (2), the following provisos shall be added, namely:-



"Provided that where notice of the date for settling the terms of the proclamation has been given to the judgment-debtor by means of an order under rule 54, it shall not be necessary to give notice under this rule to the judgment-debtor unless the Court otherwise directs:



Provided further that nothing in this rule shall be construed as requiring the Court to enter in the proclamation of sale its own estimate of the value of the property, but the proclamation shall include the estimate, if any, given, by either or both of the parties.";



(xxvii)in rule 68,-



(a)for the words "thirty days", the words "fifteen days" shall be substituted;



(b)for the words "fifteen days", the words "seven days" shall be substituted;



(xxviii)in rule 69, in sub-rule (2), for the word "seven", the word "thirty" shall be substituted;



(xxix)after rule 72, the following rule shall be inserted, namely:-



"72A.Mortgagee not to bid at sale without the leave of the Court.- (1) Notwithstanding anything contained in rule 72, a mortgagee of immovable property shall not bid for or purchase property sold in execution of a decree on the mortgage unless the Court grants him leave to bid for or purchase the property.



(2)If leave to bid is granted to such mortgagee, then the Court shall fix a reserve price as regards the mortgagee, and unless the Court otherwise directs, the reserve price shall be-



(a) not less than the amount then due for principal, interest and costs in respect of the mortgage if the property is sold in one lot; and



(b) in the case of any property sold in lots, not less than such sum as shall appear to the Court to be properly attributable to each lot in relation to the amount then due for principal, interest and costs on the mortgage.



(3)In other respects, the provisions of sub-rules (2) and (3) of rule 72 shall apply in relation to purchase by the decree-holder under that rule.";



(xxx)in rule 89, in sub-rule (1), for the words "any person, either owning such property or holding an interest therein by virtue of a title acquired before such sale", the words "any person claiming an interest in the property sold at the time of the sale or at the time of making the application, or acting for or in the interest of such person," shall be substituted;



(xxxi)for rule 90, the following rule shall be substituted, namely:-



"90.Application to set aside sale on ground of irregularity or fraud.- (1) Where any immovable property has been sold in execution of a decree, the decree-holder, or the purchaser, or any other person entitled to share in a rateable distribution of assets, or whose interests are affected by the sale, may apply to the Court to set aside the sale on the ground of a material irregularity or fraud in publishing or conducting it.



(2)No sale shall be set aside on the ground of irregularity or fraud in publishing or conducting it unless, upon the facts proved, the Court is satisfied that the applicant has sustained substantial injury by reason of such irregularity or fraud.



(3)No application to set aside a sale under this rule shall be entertained upon any ground which the applicant could have taken on or before the date on which the proclamation of sale was drawn up.



Explanation.- The mere absence of, or defect in, attachment of the property sold shall not, by itself, be a ground for setting aside a sale under this rule.";



(xxxii)in rule 92,-



(a) to sub-rule (1), the following proviso shall be added, namely:-



"Provided that, where any property is sold in execution of a decree pending the final disposal of any claim to, or any objection to the attachment of, such property, the Court shall not confirm such sale until the final disposal of such claim or objection.";



(b) in sub-rule (2), for the words "the Court shall make an order setting aside the sale", the following shall be substituted, namely:-



"or in cases where the amount deposited under rule 89 is found to be deficient owing to any clerical or arithmetical mistake on the part of the depositor and such deficiency has been made good within such time as may be fixed by the Court, the Court shall make an order setting aside the sale.";



(c) after sub-rule (3), the following sub-rules shall be inserted, namely:-



"(4) Where a third party challenges the judgment-debtor's title by filing a suit against the auction-purchaser, the decree-holder and the judgment-debtor shall be necessary parties to the suit.



(5)If the suit referred to in sub-rule (4) is decreed, the Court shall direct the decree-holder to refund the money to the auction-purchaser, and where such an order is passed the execution proceeding in which the sale had been held shall, unless the Court otherwise directs, be revived at the stage, at which the sale was ordered.";



(xxxiii)in rule 97, for sub-rule (2), the following sub-rule shall be substituted, namely:-



"(2) Where any application is made under sub-rule (1), the Court shall proceed to adjudicate upon the application in accordance with the provisions herein contained.";



(xxxiv)for rules 98 to 103, the following rules shall be substituted, namely:-



'98.Orders after adjudication.- (1) Upon the determination of the questions referred to in rule 101, the Court shall, in accordance with such determination and subject to the provisions of sub-rule (2),-



(a) make an order allowing the application and directing that the applicant be put into the possession of the property or dismissing the application; or



(b) pass such other order as, in the circumstances of the case, it may deem fit.



(2)Where, upon such determination, the Court is satisfied that the resistance or obstruction was occasioned without any just cause by the judgment-debtor or by some other person at his instigation or on his behalf, or by any transferee, where such transfer was made during the pendency of the suit or execution proceeding, it shall direct that the applicant be put into possession of the property, and where the applicant is still resisted or obstructed in obtaining possession, the Court may also, at the instance of the applicant, order the judgment-debtor, or any person acting at his instigation or on his behalf, to be detained in the civil prison for a term which may extend to thirty days.



99. Dispossession by decree-holder or purchaser



(1) Where any person other than the judgment-debtor is dispossessed of immovable property by the holder of a decree for the possession of such property or, where such property has been sold in execution of a decree, by the purchaser thereof, he may make an application to the Court complaining of such dispossession.



(2)Where any such application is made, the Court shall proceed to adjudicate upon the application in accordance with the provisions herein contained.



100. Order to be passed upon application complaining of dispossession



Upon the determination of the questions referred to in rule 101, the Court shall, in accordance with such determination,-



(a) make an order allowing the application and directing that the applicant be put into the possession of the property or dismissing the application; or



(b) pass such other order as, in the circumstances of the case, it may deem fit.



101.Question to be determined



All questions (including questions relating to right, title or interest in the property) arising between the parties to a proceeding on an application under rule 97 or rule 99 or their representatives, and relevant to the adjudication of the application, shall be determined by the Court dealing with the application and not by a separate suit and for this purpose, the Court shall, notwithstanding anything to the contrary contained in any other law for the time being in force, be deemed to have jurisdiction to decide such questions.



102.Rules not applicable to transferee pendente lite



Nothing in rules 98 and 100 shall apply to resistance or obstruction in execution of a decree for the possession of immovable property by a person to whom the judgment-debtor has transferred the property after the institution of the suit in which the decree was passed or to the dispossession of any such person.



Explanation.- In this rule, "transfer" includes a transfer by operation of law.



103.Orders to be treated as decrees



Where any application has been adjudicated upon under rule 98 or rule 100, the order made thereon shall have the same force and be subject to the same conditions as to an appeal or otherwise as if it were a decree.'.



(xxxv)after rule 103, the following rules shall be inserted, namely:-



"104.Order under rule 101 or rule 103 to be subject to the result of pending suit.- Every order made under rule 101 or rule 103 shall be subject to the result of any suit that may be pending on the date of commencement of the proceeding in which such order is made, if in such suit the party against whom the order under rule 101 or rule 103 is made has sought to establish a right which he claims to the present possession of the property.



105. Hearing of application



(1) The Court, before which an application under any of the foregoing rules of this Order is pending, may fix a day for the hearing of the application.



(2)Where on the day fixed or on any other day to which the hearing may be adjourned the applicant does not appear when the case is called on for hearing, the Court may make an order that the application be dismissed.



(3)Where the applicant appears and the opposite party to whom the notice has been issued by the Court does not appear, the Court may hear the application ex parte and pass such order as it thinks fit.



Explanation.- An application referred to in sub-rule (1) includes a claim or objection made under rule 58.



106 . Setting aside orders passed ex parte, etc



(1) The applicant, against whom an order is made under sub-rule (2) of rule 105 or the opposite party against whom an order is passed ex parte under sub-rule (3) f that rule or under sub-rule (1) of rule 23, may apply to the Court to set aside the order, and if he satisfies the Court that there was sufficient cause for his non-appearance when the application was called on for hearing, the Court shall set aside the order on such terms as to costs or otherwise as it thinks fit, and shall appoint a day for the further hearing of the application.



(2)No order shall be made on an application under sub-rule (1) unless notice of the application has been served on the other party.



(3)An application under sub-rule (1) shall be made within thirty days from the date of the order, or where, in the case of an ex parte order, the notice was not duly served, within thirty days from the date when the applicant had knowledge of the order.".