Part II – Execution

  1. General (Section 36-37)

This part of the code is a general provision dealing with the concept of execution of orders or decrees passed by the civil courts.

  1. Courts by which decrees may be executed (Section 38-46)

This part of the code deals with four issues primarily. First, which court can execute a decree, only the court passing the decree or also the court authorised to do so. Second, the formalities to be done by the court authorised to execute a decree. Third, the powers provided to the court executing the decree. Fourth, the manner in which a decree can be executed in a foreign territory.

  1. Questions to be determined by Court executing decree (Section 47)

This part of the code deals with the point that which court will adjudicate and to what extent will it appreciate and thereby adjudicate a matter pertaining to an executed decree.

  1. Limit of time for execution (Section 48) [REPEALED]
  1. Transferees and Legal Representatives (Section 49-50)

This part of the code deals with two issues. First, the manner in which the decree will be executed in absence of the original decree holder. Second, the provision applicable in cases wherein the person against whom the decree is awarded dies prior to the complete execution of the decree against him.

  1. Procedure in Execution (Section 51-54)

This part of the code comprises the provisions needed for the proper execution of a decree, ranging from the powers of the court in the matter, to the partition of an undivided property in pursuance to the partition decree.

  1. Arrest and Detention (Section 55-59)

This part of the code deals with the aspects regarding the arrest and detention of a person in the execution of a decree. Primarily, procedure for arrest and provisions for effectuating the detention of the person.

  1. Attachment (Section 60-64)

This part of the code deals with aspects regarding attachment of property in execution of a decree. Primarily, the procedure for attaching and what can be attached.

  1. Sale (Section 65-67)

This part of the code deals with aspects regarding sale of property in execution of a decree. Primarily, this code points out on as to how and when is the sale said to be absolute and effectuated.

  1. Delegation to Collector of Power to execute decrees against immovable property (Section 68-72) [REPEALED]
  1. Distribution of Assets (Section 73)

This section deals with how the assets that are to be distributed to multiple entities will be distributed. This is a provision to prevent any confusion or ambiguity in the distribution of assets in regard to the execution of a decree.

  1. Resistance to Execution (Section 74)

This section deals with the matter that what procedure shall be followed if someone brings a resistance in the execution of a decree.


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