Code of Civil Procedure, 1908 | Order XXI

Order XXI Rule 25 CPC - Endorsement on Process

Order 21 Rule 25 of the Code of Civil Procedure, 1908 explains how an officer executing a court process must report its execution, delay or failure, and how the executing court examines a reported inability to execute it.

At a glance: The executing officer must endorse the process with the date and manner of execution, explain any delay or non-execution, and return it to court. If the officer reports inability to execute, the court must examine the officer and record its findings.

Text of Order XXI Rule 25 CPC

Rule 25 - Endorsement on process

(1) The officer entrusted with the execution of the process shall endorse thereon the day on, and the manner in, which it was executed, and, if the latest day specified in the process for the return thereof has been exceeded, the reason of the delay, or, if it was not executed, the reason why it was not executed, and shall return the process with such endorsement to the Court.

(2) Where the endorsement is to the effect that such officer is unable to execute the process, the Court shall examine him touching his alleged inability, and may, if it thinks fit, summon and examine witnesses as to such inability, and shall record the result.

Meaning and purpose of Rule 25

The rule creates a record of what happened when a court-issued execution process was entrusted to an officer. It enables the executing court to check whether the process was carried out, whether it was returned on time and, if not, what prevented compliance. An endorsement is the officer's written report on the process; it is not itself a fresh decree or a determination of the parties' substantive rights.

Rule 25(1) - Mandatory endorsement and return

The executing officer must state the date and manner of execution. Where the return deadline was exceeded, the officer must state the reason for the delay. If execution did not take place, the officer must explain why. The officer must return the process, together with the endorsement, to the court.

Rule 25(2) - Court inquiry into inability

When the endorsement reports that the officer was unable to execute the process, the court shall examine the officer about that inability. The court may also summon and examine witnesses if it considers that appropriate. The result of the inquiry must be recorded. The officer's statement of inability therefore does not end the matter without judicial scrutiny.

How the rule operates in execution proceedings

The court issues execution process after the applicable preliminary requirements have been completed under Order XXI Rule 24.
The proper officer attempts execution in accordance with the court's directions.
The officer endorses the date and manner of execution, or the reasons for delay or failure, and returns the process.
If inability is reported, the court examines the officer, may hear witnesses and records the result before determining further steps permitted by law.

Section 36 CPC applies the provisions relating to execution of decrees, so far as applicable, to execution of orders. Section 38 CPC identifies the courts by which a decree may be executed. Section 47 CPC concerns questions relating to execution, discharge or satisfaction of a decree arising between the parties or their representatives. Order XXI Rule 24 governs issue of execution process, while Order XXI Rule 26 addresses certain stays of execution by a transferee court.

Frequently asked questions

What is an endorsement on execution process?

It is the executing officer's written account of when and how the process was executed, or why it was delayed or could not be executed.

Must the officer explain a failure to execute?

Yes. Rule 25(1) requires reasons for non-execution to be endorsed and the process returned to the court.

Is an inquiry required if the officer reports inability?

Yes. Under Rule 25(2), the court must examine the officer; examination of other witnesses is discretionary.

Official legal source

For the central legislation and available updates, consult the India Code official legislation portal and search for the Code of Civil Procedure, 1908 (Act 5 of 1908). Local amendments and applicable High Court rules should also be checked for the court concerned.

This article explains the central CPC framework for general information. Court-specific rules, amendments and judicial directions may affect individual execution proceedings.