CPC 51 — Powers of Court to enforce execution

Code of Civil Procedure, 1908

Statutory text

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 the 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.]

Back to CPC