Order XXI Rule 1 CPC: Modes of paying money under decree

THE FIRST SCHEDULE · ORDER XXI Execution of Decrees and Orders · Payment under Decree

Order XXI Rule 1: Modes of paying money under decree

¹[(1) All money, payable under a decree shall be paid as follows, namely:—

(a) by deposit into the court whose duty it is to execute the decree, or sent to that Court by postal money order or through a bank; or

(b) out of Court, to the decree-holder by postal money order or through a bank or by any other mode wherein payment is evidenced in writing; or

(2) Where any payments is made under clause (a) or clause (c) of sub-rule (1), the judgment-debtor shall give notice thereof to the decree-holder either through the Court or directly to him by ²[speed post with registration and proof of delivery].

(3) Where money is paid by postal money order or through a bank under clause (a) or clause (b) of sub-rule (1), the money order or payment through bank, as the case may be, shall accurately state the following particulars, namely:—

(a) the number of the original suit;

(b) the names of the parties or where there are more than two plaintiffs or more than two defendants, as the case may be, the names of the first two plaintiffs and the first two defendants;

(d) the number of the execution case of the Court, where such case is pending; and

(e) the name and address of the payer.

(4) On any amount paid under clause (a) or clause (c) of sub-rule (1), interest, if any, shall cease to run from the date of service of the notice referred to in sub-rule (2).

(5) On any amount paid under clause (b) of sub-rule (1), interest, if any, shall cease to run from the date of such payment:

Provided that, where the decree-holder refuses to accept the postal money order or payment through a bank, interest shall cease to run from the date on which the money was tendered to him, or where he avoids acceptance of the postal money order or payment through bank, interest shall cease to run from the date on which the money would have been tendered to him in the ordinary course of business of the postal authorities or the bank, as the case may be.]

Footnotes in the official text

1.Subs. by Act 104 of 1976, s. 72, for rule 1 (w.e.f. 1-2-1977).
2.Subs. by Act 37 of 2025, s. 3 and Sch. II, for “registered post, acknowledgement due” (w.e.f. 20-12-2025).

Questions on this rule

2 questions in 6 of our papers cite Order XXI Rule 1. Try these from the free papers:

1. J, a judgment-debtor under a money decree carrying interest, deposits the full decretal amount in the executing Court on 5 May under Order XXI Rule 1(1)(a) CPC. He sends notice of the deposit to the decree-holder by speed post with registration and proof of delivery, and the notice is served on the decree-holder on 20 May. The decree-holder withdraws the money on 15 June. Interest on the amount deposited ceases to run from:
2. After a money decree, J claims that he paid Rs. 50,000 in cash to the decree-holder D outside the Court. There is no receipt or other document, the payment was not made in any mode provided by Order XXI Rule 1, D has not certified it and D denies it before the Court. When D applies for execution of the full amount, the executing Court: