Section 129 in The Delhi Co-operative Societies Rules, 2007
129. Procedure in Execution.
(1)In case any decree-holder desires to have the decree executed under provisions of clause (b) of section 105, he shall apply to the Registrar or the officer authorised by the Registrar in this behalf by a special or general order (hereinafter referred to the "Recovery Officer"), in Form no. 31, which shall be signed by the decree-holder. The decree-holder shall indicate whether he desires to proceed against the person or the judgment debtor or against the movable or immovable property of the person or the judgment debtor or both and shall state the way he wants the assistance of the Registrar according to the Act and the rules.(2)On receipt of the application referred to in sub-rule (1), the Recovery Officer shall call for original record and shall verify the correctness and genuineness of the particulars set forth in the application with the records.(3)Without prejudice to the provisions of the Code of Civil Procedure, 1908 (Act No. V of 1908) the Recovery Officer, shall, on being satisfied about the correctness and genuineness of the application received by him, order execution of the decree:-(a)by delivery of any property specifically decreed;(b)by attachment and sale or sale without attachment of any property;(c)by arrest and detention in person;(d)in such other manner as the nature of relief granted may require.(4)In case of proceedings under clause (b) of section 105, if any person requires the issue of any process, or object to any process issued or proposed to be issued, or requires the adjournment of any proceedings, he shall pay the fee as fixed in schedule IV which may be revised by the Registrar from time to time. Thereafter the Recovery Officer shall issue processes. The provisions of section 36 to section 74, sections - 135, section 135A and Order XXI in the First Schedule of the Code of Civil Procedure, 1908 (Act V of 1908) shall mutatis mutandis apply to the executions ordered under clause (b) of section 105. The decree holder shall indicate whether he wishes to proceed in the first instance against the property of the defaulter or against his person.(5)Without prejudice to the generality of the foregoing sub-rule, a demand notice stating therein the relief claimed by the decree-holder shall be prepared in duplicate in Form no. 32 by the Recovery Officer who shall send a copy of application filed by the decree-holder and the demand notice to the defaulter.
