Code of Civil Procedure, 1908 / Order XXIII

Order XXIII Rule 4 CPC - Proceedings in Execution of Decrees Not Affected

Order 23 Rule 4 clarifies that the rules governing withdrawal and adjustment of suits under Order XXIII do not apply to proceedings for executing a decree or order. Execution is governed by its own statutory provisions.

Text of Order XXIII Rule 4

Meaning and legal effect

Order XXIII is titled Withdrawal and Adjustment of Suits. Its provisions address withdrawal of suits, abandonment of claims, compromise decrees and related matters. Rule 4 expressly excludes proceedings in execution of a decree or order from the application of this Order.

This exclusion does not mean that a decree cannot be satisfied, adjusted or settled while execution is pending. Rather, the procedure and powers for recognizing a post-decree payment or adjustment must be found in the rules governing execution, particularly Order XXI Rule 2 and Section 47 of the Code.

Related provisions governing execution

Section 47 CPC - Questions determined by executing court

Section 47(1) requires questions between parties to the suit, or their representatives, concerning execution, discharge or satisfaction of the decree to be determined by the executing court rather than by a separate suit. It provides the framework for deciding relevant execution disputes.

Order XXI Rule 1 CPC - Modes of paying money under a decree

Rule 1 specifies permissible methods for payment of money under a decree, including payment through the executing court and prescribed out-of-court methods. Proper proof and notice of payment can be important when seeking recognition of satisfaction.

Order XXI Rule 2 CPC - Payment or adjustment out of court

Rule 2 addresses certification and recording of an out-of-court payment or adjustment of a decree. The decree-holder may certify payment or adjustment, and the judgment-debtor may seek recording through the prescribed notice procedure. Sub-rule (2A) imposes evidentiary conditions when recording is sought by the judgment-debtor; sub-rule (3) restricts recognition of an uncertified or unrecorded payment or adjustment by an executing court.

Does Rule 4 prevent a settlement during execution?

No. A lawful post-decree settlement may be considered in execution proceedings under the applicable execution provisions. The Supreme Court explained in Moti Lal Banker v. Maharaj Kumar Mahmood Hasan Khan (1968) that Order XXIII Rule 4 excludes the application of Order XXIII Rule 3 to execution proceedings, but does not take away the executing court's powers under Section 47 and Order XXI Rule 2.

Practical illustration

Suppose a money decree is being executed and the judgment-debtor pays an agreed amount directly to the decree-holder in satisfaction of the decree. The parties should use the applicable procedure under Order XXI Rule 2 to have the payment or adjustment recorded. They should not assume that the compromise-of-suit procedure under Order XXIII Rule 3 governs the pending execution case.

Important points to remember

• Order XXIII Rule 4 is an express exclusion for execution proceedings.
• Order XXI supplies the principal procedural rules for execution of decrees and orders.
• Section 47 allocates execution, discharge and satisfaction disputes to the executing court in the circumstances it covers.
• Out-of-court payments and adjustments should be properly documented and recorded in accordance with Order XXI Rule 2.
• The rule does not itself invalidate a settlement reached after a decree.

Official legislation and further reading

Legal information is provided for general reference. State amendments, applicable court rules and the facts of an individual case may affect the procedure.