Code of Civil Procedure, 1908 | Order XXI | Execution of decrees

Order XXI Rule 3 CPC - Lands Situated in More Than One Jurisdiction

Order 21 Rule 3 of the Code of Civil Procedure, 1908, permits one competent executing court to attach and sell an entire estate or tenure when that single property extends across the territorial limits of two or more courts.

Text of Order XXI Rule 3 CPC

Heading: Lands situate in more than one jurisdiction.

Where immovable property forms one estate or tenure situate within the local limits of the jurisdiction of two or more Courts, any one of such Courts may attach and sell the entire estate or tenure.

Meaning and legal effect

This rule addresses execution of a decree against immovable property that constitutes one estate or tenure, even though different portions lie in the territorial jurisdictions of different courts. It avoids the need to divide the attachment and sale of that single estate solely because a court boundary passes through it.

Immovable property: Land and interests in land that are legally capable of attachment and sale in execution.
One estate or tenure: A single legally identifiable holding or tenure; mere common ownership of separate properties does not automatically make them one estate.
Local limits of jurisdiction: The geographical area within which a court ordinarily exercises territorial authority.
Attach and sell: The execution process by which property is subjected to court control and may be sold to satisfy an executable decree, subject to applicable safeguards.

When Rule 3 applies

The property must form one estate or tenure and extend into the territorial limits of at least two courts. The rule then authorizes any one of those courts, when otherwise competent to execute the decree, to attach and sell the entire estate. It does not dispense with the requirements governing executable decrees, attachment, sale proclamations, notice, exemptions, or objections under the CPC and applicable local rules.

Practical illustration

Suppose a single legally recognized agricultural estate lies partly within Court A's territorial jurisdiction and partly within Court B's. If the estate is liable to be sold in execution of a decree, Order XXI Rule 3 allows a competent Court A or Court B to proceed against the whole estate, rather than requiring separate sales solely because of the territorial division.

Section 38 - Court by which decree may be executed

A decree may be executed by the court which passed it or by the court to which it is sent for execution.

Section 39 - Transfer of decree

Provides for transfer of a decree for execution by another court in specified circumstances. Territorial execution issues must be considered alongside this section.

Section 47 - Questions to be determined by executing court

Questions between the parties to the suit, or their representatives, relating to execution, discharge or satisfaction of the decree are generally determined by the executing court rather than through a separate suit.

Section 17 - Suits concerning immovable property in different jurisdictions

Section 17 concerns where certain suits may be instituted when immovable property is located within different court jurisdictions. It is distinct from Order XXI Rule 3, which governs attachment and sale during execution.

Order XXI Rules 54 and 64-66

Rule 54 deals with attachment of immovable property. Rules 64-66 address the power to order sale, the conduct of sale and the sale proclamation. These procedural requirements remain relevant where Rule 3 is invoked.

Frequently asked questions

Can one court sell land located partly outside its territorial jurisdiction?

Yes, under Order XXI Rule 3, where the immovable property constitutes one estate or tenure extending into two or more court jurisdictions, a competent executing court within one of those jurisdictions may attach and sell the entire estate.

Does Rule 3 apply to two separate plots in different districts?

Not merely because both plots have the same owner. The statutory requirement is that the immovable property forms one estate or tenure.

Does Rule 3 remove other safeguards for execution sales?

No. The ordinary legal requirements for attachment and sale, including applicable notices and opportunities to object, continue to apply.

Official legal source

Read the Code of Civil Procedure, 1908 on India Code and the official CPC text (PDF). State amendments and High Court rules may affect execution procedure in particular jurisdictions.

This article provides general legal information and does not replace advice on a particular decree, property or execution proceeding.