(General) Rules, 1997-English - Panchyati Raj Department

(2) The provisions of rules 115 and 116 shall be applicable toappeals, second appeal, application for revision or review of the Judgement.(3) No fresh sanction for the defence of the case shall be necessary inthe case of an appeal or an application for a revision or for review of theJudgement preferred by or against the Panchayat.118. Payment of money in a suit which is not to be contested.-Whenever it has been determined not to contest further a suit/decision ofwhich is either wholly or partly adverse to the Panchayat, the Secretary of theGram Panchayat or Executive Officer of the Panchayat Samiti or theSecretary of the Zila Parishad, as the case may be, shall immediately arrangefor the payment in the Court whose duty is to execute the decree, all moneypayable under the decree.119. Recovery of amount and costs.- Immediately on a decree beinggiven in favour of the Panchayat or an officer thereof, when the suit has beenbrought or defended at the expenses of the Panchayat, the Secretary of theGram Panchayat or Executive Officer of Panchayat Samiti or the Secretary ofthe Zila Parishad concerned shall proceed to move the appropriate authorityto take steps for the recovery of the costs and of the amount, if any, decreed.120. To ascertain the property of Judgment debtor and to preventthe same from fraudulent alienation.- The Panchayats shall be required totake all possible measures to ascertain what property of the Judgement debtorexists and is available for attachment and sale in execution of the decree andthat when security is taken from the Judgment debtor on stay of executionunder rule 5 of order XLI in the First Schedule of the Code of CivilProcedure, the security taken by the Court is substantial and sufficient andthat proper action for immediate execution is taken if the required security isnot satisfactory, the following instructions for this purpose are to beobserved:-(a)(b)if an appeal is instituted and the execution of the decree isstayed by order of the appellate court, the interval before thedecision of the appeal should be made use of in makinginquiries as to the property of the Judgment debtor ;the provisions of rule 5 of order XLI in the First Schedule of theCode of Civil Procedure are ordinarily sufficient to preventfraudulent disposal of property by the judgement debtor duringthe time gained by an appeal, but the Secretary of the GramPanchayat or the Executive Officer of the Panchayat Samiti orthe Secretary of the Zila Parishad, as the case may be, shouldsatisfy himself that the Security taken by the Court is sufficientto execute the decree at once. If it is considered that the securityrendered is not good and sufficient, he will move anapplication, to the Court for furnishing further sufficientsecurity by Judgement-debtor.44