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Omission to give notice, under Order 21, Rule 22 of CPC, of the execution is a defect which renders the execution:
null & void
irregular
voidable
valid.
- Order 21, Rule 22 CPC requires notice to be given to the judgment-debtor if execution is sought after two years or against a legal representative.
- The purpose is to give the judgment-debtor a chance to show cause why execution should not proceed.
- Option 1: Null & void: This means the execution is treated as if it never existed, having no legal effect.
- Option 2: Irregular: Execution is defective in procedure but may still be valid unless set aside by a court.
- Option 3: Voidable: Execution stands until challenged and set aside in court.
- Option 4: Valid: Execution is proper and enforceable.
- Courts have held that omission to give notice under Rule 22 is not a nullity but an *irregularity*. The execution is not null & void, but can be challenged and set aside for procedural irregularity.
Correct Answer: Option 2 – Irregular
By: santosh ProfileResourcesReport error
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