Order XXI Rule 14 CPC: Certified Extract from Collector's Register
Order 21 Rule 14 of the Code of Civil Procedure, 1908 empowers an executing court to require a certified land-register extract when attachment is sought over land registered in the Collector's office.
Text of Order XXI Rule 14 CPC
Power to require certified extract from Collector's register in certain cases.
Where an application is made for the attachment of any land which is registered in the office of the Collector, the Court may require the applicant to produce a certified extract from the register of such office, specifying the persons registered as proprietors of, or as possessing any transferable interest in, the land or its revenue, or as liable to pay revenue for the land, and the shares of the registered proprietors.
Source: Code of Civil Procedure, 1908 (official India Code PDF), First Schedule, Order XXI, Rule 14.
Meaning and purpose of Rule 14
This provision assists the executing court in identifying the persons and recorded interests connected with land proposed for attachment in execution of a decree. It permits the court to call for an authenticated extract of the relevant Collector's register rather than relying solely on the applicant's description of ownership.
The word "may" gives the court discretion to require the extract; Rule 14 does not state that every application for attachment of land must automatically be accompanied by one. The certified extract is relevant evidence of recorded interests, but it does not by itself conclusively establish title or determine disputed ownership.
What information may the certified extract show?
- Registered proprietors: persons recorded as proprietors of the land.
- Transferable interests: persons recorded as holding transferable interests in the land or its revenue.
- Revenue liability: persons recorded as liable to pay land revenue.
- Proprietary shares: the respective shares of the registered proprietors.
When does Order 21 Rule 14 apply?
The rule becomes relevant when an applicant seeks attachment of land in execution proceedings and that land is registered in the office of the Collector. The court may direct the applicant to obtain and file the certified extract to clarify the recorded ownership, revenue interests and shares.
Illustrative example
A decree-holder applies to attach agricultural land recorded in the revenue register. The register shows that the judgment-debtor is one of several recorded proprietors. The executing court may require a certified extract identifying those proprietors and their shares before considering the proposed attachment. The court must still determine the extent of the judgment-debtor's attachable interest under the applicable law.
Relationship with other CPC provisions
Order XXI Rule 13 requires an application for attachment of immovable property to include identifying particulars of the property and the judgment-debtor's share or interest, so far as ascertainable. Rule 14 allows the court to seek supporting certified revenue-register information in specified land cases. Rule 17 governs scrutiny of execution applications. Attachment of immovable property is also governed by Order XXI Rule 54, subject to applicable law and local amendments.
Section 60 CPC addresses property liable to attachment and sale in execution, including statutory exemptions. Rule 14 is an evidentiary and procedural aid; it does not override restrictions on attachment or establish that every recorded interest is transferable.
Practical considerations
- Identify the land accurately using available survey, settlement or revenue particulars.
- State the judgment-debtor's apparent share or interest as required by Rule 13.
- If the court directs production under Rule 14, obtain a certified extract from the competent revenue office.
- Check the extract for recorded proprietors, transferable interests, revenue liabilities and shares.
- Address any discrepancies, third-party claims or applicable statutory protections before seeking further execution orders.
Local-law note: High Court amendments, state revenue laws and local court rules may alter the applicable terminology or procedure. Consult the rules applicable to the court and land concerned. This article explains the central provision and is not a substitute for case-specific legal advice.
Frequently asked questions
Is a certified extract compulsory in every land attachment case?
No. Under the central wording of Rule 14, the court may require the applicant to produce it when the stated conditions apply.
Does a revenue-register extract prove ownership conclusively?
No. It records specified revenue and proprietary particulars and may assist the court, but questions of title and attachability must be resolved according to applicable substantive and procedural law.
Who is required to produce the extract?
The court may require the applicant seeking attachment to produce the certified extract.
Official legal reference
Read the Code of Civil Procedure, 1908 on India Code for the statutory text of Order XXI and related provisions. Verify relevant state and High Court amendments for the jurisdiction concerned.