Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Warrant of Possession (Order XXI Rule 35 CPC)
Civil Procedure & Litigation Mechanics
Definition
A formal writ issued by the executing court commanding the court bailiff or process server to remove any person bound by the decree who refuses to vacate the immovable property, and to deliver physical vacant possession to the decree holder.
Example
An executing court in Jaipur issues a warrant of possession authorizing the bailiff to break open the locks of a commercial showroom with the assistance of local police under Order XXI Rule 35 CPC to deliver possession to the owner.