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Section 85: Application for execution of decree under section 71 of the Act

The H.P. Panchayati Raj (General) Rules, 1997-(English version)State Rules of Himachal Pradesh · 1994

(1) The decree holder or a person in whose favour an order has been passed, may, after the passing of the decree or order, put an application for 31 execution on payment of the same fee as is provided for the institution of the original suit, case or proceeding before the Gram Panchayat, which passed the decree or order, and the same shall be included in the costs.

(2) The Gram Panchayat after recording the facts in the prescribed register in Form-26 shall issue a notice to the opposite party to pay the decretal amount or comply with the order within thirty days, or such further time not exceeding three months as it may deem fit to allow, after the notice is served. If the amount is not paid, or order not complied with, within the period specified, the decree or order shall be sent to the concerned Sub- Judge, for execution as provided in Sub-section (2) of section 71.

(3) In case the defendant’s property is situated outside the jurisdiction of the Gram Panchayat passing such decree or order, it may transfer the decree or order, for execution to the Gram Panchayat in whose jurisdiction the property of the defendant is situated. The application for execution alongwith an attested copy of the decree or order shall be forwarded to the Gram Panchayat concerned by post or through Panchayat Chowkidar, as may be considered convenient by the Gram Panchayat. The Gram Panchayat to whom the decree or order is so transferred shall then execute the decree or order as it were a decree or order passed by it.

Where this provision sits

ActThe H.P. Panchayati Raj (General) Rules, 1997-(English version)
Section85
Marginal noteApplication for execution of decree under section 71 of the Act
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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