Code of Civil Procedure, 1908 / Order XX
Order XX Rule 10 CPC - Decree for Delivery of Movable Property
Order 20 Rule 10 of the Code of Civil Procedure, 1908 governs the contents of a decree directing delivery of movable property. It requires the decree to specify an alternative monetary amount payable if delivery of the property cannot be obtained.
Text of Order XX Rule 10 CPC
Where the suit is for movable property, and the decree is for the delivery of such property, the decree shall also state the amount of money to be paid as an alternative if delivery cannot be had.
Meaning and scope of the rule
The rule applies when a civil suit concerns movable property and the court grants a decree for delivery of that property. The decree must identify the property to be delivered and state a monetary alternative for the event that actual delivery cannot be achieved.
Movable property generally means property other than immovable property. For the CPC, the definition in Section 2(13) expressly includes growing crops. The precise nature of the property and the applicable substantive law may affect the relief available.
Decree is defined by Section 2(2) CPC as the formal expression of an adjudication conclusively determining the rights of the parties regarding matters in controversy in the suit, subject to the statutory inclusions and exclusions.
Why the alternative money amount matters
The purpose is to make the decree workable when specific delivery is impossible, for example where an item is missing or cannot be recovered. The amount should be determined by the court in the proceedings and recorded in the decree; it is not an amount to be chosen later by the decree-holder.
The monetary alternative does not automatically convert every decree for delivery into an unrestricted choice to pay money instead. Execution and satisfaction of the decree remain governed by its terms and the relevant provisions of the CPC.
Execution of a decree for movable property
Order XXI Rule 31 CPC addresses execution of a decree for specific movable property, or for a share in such property. Subject to the rule's conditions, execution may involve seizure and delivery of the property and other enforcement measures. Where the decree includes an alternative money amount, the executing court applies the decree and the applicable execution rules.
Section 51 CPC sets out the principal modes by which a court may order execution, subject to prescribed conditions and limitations. The decree-holder should consult the decree and the applicable local court rules before seeking execution.
Related provisions
- Order XX Rule 6: Contents of a decree and its agreement with the judgment.
- Order XX Rule 7: Date of the decree and signing by the judge.
- Order XX Rule 9: Description of immovable property in a decree, distinct from Rule 10.
- Order XXI Rule 31: Execution of decrees for specific movable property.
- Section 2(2) and Section 2(13): Definitions of decree and movable property.
Illustrative example
Suppose a court directs a defendant to deliver an identified piece of machinery to the plaintiff and fixes Rs. 80,000 as the alternative amount if delivery cannot be had. The decree should record both the delivery direction and the alternative sum. The figure is illustrative only; the actual amount depends on the court's findings.
Official legal resources
Consult the Code of Civil Procedure, 1908 on India Code and the India Code official portal for the statutory text and amendments. State amendments and High Court rules may also be relevant in a particular proceeding.
This article provides general legal information and does not replace advice on a particular case.