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Bare acts > Code of Civil Procedure, 1908 > Section 51
 
   


 

51. Powers of court to enforce execution.- Subject to such conditions and limitations as may be prescribed, the court may, on the application of the decree holder, order execution of the decree—

(a) by delivery of any property specifically decreed;

(b) by attachment and sale or by sale without attachment of any property;

(c) by arrest and detention in prison for such period not exceeding the period specified in section 58, where arrest and detention is permissible under that section;

(d) by appointing a receiver; or

(e) in such other manner as the nature of the relief granted may require:

Provided that, where the decree is for the payment of money, execution by detention in prison shall not be ordered unless, after giving the judgment debtor an opportunity of showing cause why he should not be committed to prison, the court, for reasons recorded in writing, is satisfied—

(a) that the judgment debtor, with the object or effect of obstructing or delaying the execution of the decree,—

(i) is likely to abscond or leave the local limits of the jurisdiction of the Court. or

(ii) has, after the institution of the suit in which the decree was passed, dishonestly transferred, concealed, or removed any part of his property, or committed any other act of bad faith in relation to his property, or

(b) that the judgment debtor has, or has had since the date of the decree, the means to pay the amount of the decree or some substantial part thereof and refuses or neglects or has refused or neglected to pay the same, or

(c) that the decree is for a sum for which the judgment debtor was bound in a fiduciary capacity to account.

Explanation : In the calculation of the means of the judgment debtor for the purposes of clause (b), there shall be left out of account any property which, by or under any law or custom having the force of law for the time being in force, is exempt from attachment in execution of the decree.

STATE AMENDMENT

UTTAR PRADESH.- In Sect ion 51, alter clause (b), the following shall be added as a new clause (bb):

“(bb) by transfer other than sale, by attachment or without attachment of any property.” -

UP. Act, 24 of 1954. Section 2 and Schedule, ItemS. Entry 4 (w.e.f..30.1 1.1954).


HIGH COURT AMENDMENT

CALCUTTA.- In clause (b) omit the words “or by sale without attachment” between the words ‘sale” and “of any”.

In the proviso omit the words “for reasons recorded in writing “after the words “the Court” and before the words “is satisfied”.

Add the proviso —

“Provided also that the Court of Small Causes of Calcutta shall have no power to order execution of a decree by attachment and sale of immovable property or by appointing a receiver in respect of such property.” Cal. Gaz. Pt. 1,20.4.1967.

 

 

 

 

 

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