Question

Omission to give notice under Order XXI. Rule 22 will

• A. Render the execution null and void
• B. Render the execution irregular
• C. Render the execution voidable
• D. Not affect the execution

Hint:

The notice under Order XXI, Rule 22 (when executing a decree after 2 years) is a fundamental requirement. Failure to issue this notice is a jurisdictional error, making the entire execution a nullity, not just an irregularity.

Answer 1

The Correct Option is A

Order XXI, Rule 22 of the CPC provides that where an application for execution is made more than two years after the date of the decree, the court shall issue a notice to the judgment-debtor to show cause why the decree should not be executed against them. The Supreme Court has held that this requirement of notice is mandatory and goes to the root of the court's jurisdiction to execute the decree. An omission to give this notice is not a mere procedural irregularity but a fundamental defect that makes the subsequent execution proceedings (including any sale of property) null and void.