ASCERTAINMENT OF DEBTS

Execution of decrees to be stayed till certificate filed

§21

Summary

(1) On the publication of a notice u/s. 17, no fresh proceeding in execution of any decree against the ward, or his estate shall be instituted in, nor shall any attachment or other process in any such proceeding then pending be issued by, any Court until the decree holder files- (a) a certificate to the effect that the claim has been notified or is deemed to have been notified in accordance with section 17, or (b) a copy of a final order or decree of the Civil Court allowing the claim in any suit or proceeding referred to in section 20. (2) Any person holding a decree against the ward or his estate, shall be entitled to receive from the Collector free of cost; a certificate to the effect specified in sub-section (1) (a), and such certificate shall be conclusive proof, as defined by section 4 of the Indian Evidence Act, 1872, of the truth of facts to be stated therein. (3) In computing the period of limitation prescribed by the Indian Limitation Act, 1908, or section 48 of the Code of Civil Procedure, for any application for the execution of a decree, proceedings in which have been stayed or temporarily barred under sub-section (1), the time from the date of notice or of the decree, if it was passed subsequently to the publication of notice, to the date when the Collectors' decision under section 19 is confirmed by the Court of wards, shall be excluded.

(1) On the publication of a notice u/s. 17, no fresh proceeding in execution of any decree against the ward, or his estate shall be instituted in, nor shall any attachment or other process in any such proceeding then pending be issued by, any Court until the decree holder files- (a) a certificate to the effect that the claim has been notified or is deemed to have been notified in accordance with section 17, or (b) a copy of a final order or decree of the Civil Court allowing the claim in any suit or proceeding referred to in section 20. (2) Any person holding a decree against the ward or his estate, shall be entitled to receive from the Collector free of cost; a certificate to the effect specified in sub-section (1) (a), and such certificate shall be conclusive proof, as defined by section 4 of the Indian Evidence Act, 1872, of the truth of facts to be stated therein. (3) In computing the period of limitation prescribed by the Indian Limitation Act, 1908, or section 48 of the Code of Civil Procedure, for any application for the execution of a decree, proceedings in which have been stayed or temporarily barred under sub-section (1), the time from the date of notice or of the decree, if it was passed subsequently to the publication of notice, to the date when the Collectors' decision under section 19 is confirmed by the Court of wards, shall be excluded.

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