Code of Civil Procedure, 1908 | Order XXI

Order XXI Rule 27 CPC - Liability of Judgment-Debtor Discharged

Order 21 Rule 27 of the Code of Civil Procedure, 1908 explains the effect of restitution of property or discharge of a judgment-debtor under Rule 26. Such temporary relief does not, by itself, prevent the property or person from being taken again in lawful execution of the decree.

Text of Order XXI Rule 27 CPC

Liability of judgment-debtor discharged. - No order of restitution or discharge under rule 26 shall prevent the property or person of a judgment-debtor from being retaken in execution of the decree sent for execution.

Meaning and legal effect

The rule clarifies that an order restoring seized property or releasing a judgment-debtor under Order XXI Rule 26 is not a final satisfaction or extinguishment of the decree. The executing court may proceed again, subject to any operative stay or other binding order and the requirements of law.

What does restitution mean?

In this context, restitution means restoration of property seized in execution while the judgment-debtor seeks appropriate relief from the court that passed the decree or a competent appellate court. It should not be confused with the broader restitution power under Section 144 CPC.

What does discharge mean?

Discharge here refers to release of a judgment-debtor whose person has been seized in execution. Rule 27 makes clear that release under Rule 26 does not automatically bar subsequent lawful execution. Arrest and detention remain subject to the separate safeguards and restrictions in the CPC.

How Rules 26 and 27 operate together

Rule 26: A court to which a decree has been sent for execution may grant a temporary stay for sufficient cause to allow an application to the decree-passing court or an appellate court. It also addresses restoration of seized property, release of the judgment-debtor and security or conditions.
Rule 27: Restoration or release under Rule 26 does not permanently immunize the property or person from further execution.
Rule 28: Orders of the decree-passing court or appellate court are binding on the court to which the decree was sent for execution.

Illustrative example

A decree is transferred to another court for execution, and property is attached. The transferee court temporarily stays execution and restores the property under Rule 26 while the judgment-debtor seeks relief from the competent court. If the temporary protection ends and no effective stay prevents execution, Rule 27 does not prohibit the property from being attached again in accordance with law.

Related legal provisions

Order XXI Rule 24 - issue of process for execution.
Order XXI Rule 25 - endorsement on execution process.
Order XXI Rule 26 - stay by a court to which the decree has been sent.
Order XXI Rule 28 - binding effect of orders of the decree-passing or appellate court.
Order XXI Rule 29 - stay of execution pending certain suits.

Official legislation and applicability

The governing central legislation is the Code of Civil Procedure, 1908 (India Code). For a particular proceeding, check the applicable High Court rules, state amendments and current judicial orders, which may affect execution procedure.

Important distinction: Rule 27 does not itself authorize execution in violation of a subsisting stay, nor does it dispense with statutory safeguards. It preserves the possibility of further execution after temporary restitution or discharge under Rule 26.