47. Questions to be determined by the Court executing decree.—
(1) All questions arising between
the parties to the suit in which the decree was passed, or their representatives, and relating to the
execution, discharge or satisfaction of the decree, shall be determined by the Court executing the decree
and not by a separate suit.
4
* * * * *
(3) Where a question arises as to whether any person is or is not the representative of a party, such
question shall, for the purposes of this section, be determined by the Court.
5[Explanation I.—For the purposes of this section, a plaintiff whose suit has been dismissed and a
defendant against whom a suit has been dismissed are parties to the suit.
Explanation II.—
(a) For the purposes of this section, a purchaser of property at a sale in execution of a
decree shall be deemed to be a party to the suit in which the decree is passed; and
(b) all questions relating to the delivery of possession of such property to such purchaser or his
representative shall be deemed to be questions relating to the execution, discharge or satisfaction of the decree
within the meaning of this section.]
STATE AMENDMENT
Uttar Pradesh
Amendment of section 47.— In section 47 of the principal Act, Explanation II
inserted by the U. P. Civil Laws (Reforms and Amendment) Act, 1954, shall be omitted.
[Vide Uttar Pradesh Act 57 of 1976, s. 3]
LIMIT OF TIME FOR EXECUTION
48. [Execution barred in certain cases.] Rep. by the Limitation Act, 1963 (36 of 1963), s. 28 (w.e.f. 1-1-1964).
1. Subs. by the A.O. 1937, for section 45.
2. The words “or continued” omitted by the A.O. 1948.
3. Subs. by the A.O. 1950, for “in any Indian State”.
4. Sub-section
(2) omitted by Act 104 of 1976, s. 20 (w.e.f. 1-2-1977).
5. Subs. by s. 20, ibid. for the Explanation (w.e.f. 1-2-1977).
49
STATE AMENDMENT
Rajasthan
Insertion of new section 48 A.- After section 48 of the Code of Civil Procedure, 1908 (Central Act V of 1908),
in its application thereof to the State of Rajasthan, the following new section shall be, and be deemed always to
have been inserted, namely:--
"48-A- Varied application of section 48.- For the purposes of the application of section 48 to the
State of Rajasthan;-
(i) a decree, made before the twenty-fifth day of January, 1950, in those parts of Rajasthan
where a corresponding provision did not then exist, shall, unless it shall have becomr time-barred
or otherwise infructuous before the said day in accordance with any law then prevailing in those
parts, be deemed to have been made on the said day, and
(ii) Where a decree might have been made before the twenty-fifth day of January, 1950 in
those parts of Rajasthan where a corresponding provision then existed, with a period longer than
twelve years provided therein such longer period or the period of twelve years form the said day
whichever expires first shall be the period after which, according to section 48, no order for
execution shall be made".
[Vide Rajasthan Act XX of 1952, s. 2]
TRANSFEREES AND LEGAL REPRESENTATIVES
49. Transferee.—Every transferee of a decree shall hold the same subject to the equities (if any) which the
judgment-debtor might have enforced against the original decree-holder.
50. Legal representative.—
(1) Where a judgment-debtor dies before the decree has been fully satisfied, the
holder of the decree may apply to the Court which passed it to execute the same against the legal representative of
the deceased.
(2) Where the decree is executed against such legal representative, he shall be liable only to the extent of the
property of the deceased which has come to his hands and has not been duly disposed of; and, for the purpose of
ascertaining such liability, the Court executing the decree may, of its own motion or on the application of the
decree-holder, compel such legal representative to produce such accounts as it thinks fit.
PROCEDURE IN EXECUTION
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 the sale without attachment of any property;
(c) by arrest and detention in prison 1[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:
2
[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.]
1. Ins. by Act 104 of 1976, s. 21 (w.e.f. 1-2-1977).
2. Ins. by Act 21 of 1936, s. 2.
50
52. Enforcement of decree against legal representative.—
(1) Where a decree is passed against a party
as the legal representative of a deceased person, and the decree is for the payment of money out of the property
of the deceased, it may be executed by the attachment and sale of any such property.
(2) Where no such property remains in the possession of the judgment-debtor and he fails to satisfy the Court
that he has duly applied such property of the deceased as is proved to have come into his possession, the decree
may be executed against the judgment-debtor to the extent of the property in respect of which he has failed so to
satisfy the Court in the same manner as if the decree had been against him personally.
53. Liability of ancestral property.—For the purposes of section 50 and section 52, property in the hands
of a son or other descendant which is liable under Hindu law for the payment of the debt of a deceased
ancestor, in respect of which a decree has been passed, shall be deemed to be property of the deceased which
has come to the hands of the son or other descendant as his legal representative.
54. Partition of estate or separation of share.—Where the decree is for the partition of an undivided estate
assessed to the payment of revenue to the Government, or for the separate possession of a share of such an estate,
the partition of the estate or the separation of the share shall be made by the Collector or any gazetted subordinate
of the Collector deputed by him in this behalf, in accordance with the law (if any) for the time being in force
relating to the partition, or the separate possession of shares, of such estates.
STATE AMENDMENT
Karnataka.—
For Section 54, the following Section shall be substituted, namely.—
“54. Partition of estate or separation of share.—Where the decree is for the partition of an
undivided estate assessed to the payment of revenue to the Government, or for the separate possession of
a share of such an estate, the partition of the estate or the separation of the share of such an estate shall be
made by the Court in accordance with the law if any, for the time being in force relating to the partition or
the separate possession of shares, and if necessary on the report of a revenue officer, not below the rank
of Tahsildar or such other person as the Court may appoint as Commissioner in that behalf.”
[Vide Karnataka Act 36 of 1998, sec. 2.]
ARREST AND DETENTION
55. Arrest and detention.—
(1) A judgment-debtor may be arrested in execution of a decree at any
hour and on any day, and shall, as soon as practicable, be brought before the Court, and his detention may
be in the civil prison of the district in which the Court ordering the detention is situate, or, where such
civil prison does not afford suitable accommodation, in any other place which the State Government may
appoint for the detention of persons ordered by the Courts of such district to be detained:
Provided, firstly, that, for the purpose of making an arrest under this section, no dwelling-house shall be
entered after sunset and before sunrise:
Provided, secondly, that no outer door of a dwelling-house shall be broken open unless such dwelling-
house is in the occupancy of the judgment-debtor and he refuses or in any way prevents access thereto, but
when the officer authorized to make the arrest has duly gained access to any dwelling-house, he may break
open the door of any room in which he has reason to believe the judgment-debtor is to be found:
Provided, thirdly, that, if the room is in the actual occupancy of a woman who is not the judgment-debtor and who
according to the customs of the country does not appear in public, the officer authorized to make the arrest shall give
notice to her that she is at liberty to withdraw, and, after allowing a reasonable time for her to withdraw and giving her
reasonable facility for withdrawing, may enter the room for the purpose of making the arrest:
Provided, fourthly, that, where the decree in execution of which a judgment-debtor is arrested, is a decree for
the payment of money and the judgment-debtor pays the amount of the decree and the costs of the arrest to the
officer arresting him, such officer shall at once release him.
(2) The State Government may, by notification in the Official Gazette, declare that any person or class of persons
whose arrest might be attended with danger or inconvenience to the public shall not be liable to arrest in execution of a
decree otherwise than in accordance with such procedure as may be prescribed by the State Government in this behalf.
(3) Where a judgment-debtor is arrested in execution of a decree for the payment of money and brought before the
Court, the Court shall inform him that he may apply to be declared an insolvent, and that he 1[may be discharged] if he
has not committed any act of bad faith regarding the subject of the application and if he complies with the provisions of
the law of insolvency for the time being in force.
(4) Where a judgment-debtor expresses his intention to apply to be declared an insolvent and furnishes security, to
the satisfaction of the Court, that he will within one month so apply, and that he will appear, when called upon, in any
1. Subs. by Act 3 of 1921, s. 2, for “will be discharged”.
51
proceeding upon the application or upon the decree in execution of which he was arrested, the Court 1[may release] him
from arrest, and, if he fails so to apply and to appear, the Court may either direct the security to be realized or commit
him to the civil prison in execution of the decree.
56. Prohibition of arrest or detention of women in execution of decree for money.—Notwithstanding anything in
this Part, the Court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the
payment of money.
57. Subsistence-allowance.—The State Government may fix scales, graduated according to rank, race and
nationality, of monthly allowances payable for the subsistence of judgment-debtors.
58. Detention and release.—
(1) Every person detained in the civil prison in execution of a decree shall be so
detained,—
(a) where the decree is for the payment of a sum of money exceeding 2[ 3[five thousand rupees], for a
period not exceeding three months, and,]
4
[
(b) where the decree is for the payment of a sum of money exceeding two thousand rupees, but not
exceeding five thousand rupees, for a period not exceeding six weeks.]
5
[(1A) For the removal of doubts, it is hereby declared that no order for detention of the judgment-debtor
in civil prison in execution of a decree for the payment of money shall be made, where the total amount of the
decree does not exceed 6[two thousand rupees.]]
(2) A judgment-debtor released from detention under this section shall not merely by reason of his release be
discharged from his debt, but he shall not be liable to be re-arrested under the decree in execution of which he was
detained in the civil prison.
59. Release on ground of illness.—
(1) At any time after a warrant for the arrest of a judgment-debtor has been
issued the Court may cancel it on the ground of his serious illness.
(2) Where a judgment-debtor has been arrested, the Court may release him if, in its opinion, he is not in a fit
state of health to be detained in the civil prison.
(3) Where a judgment-debtor has been committed to the civil prison, he may be released therefrom—
(a) by the State Government, on the ground of the existence of any infectious or contagious disease, or
(b) by the committing Court, or any Court to which that Court is subordinate, on the ground of his suffering
from any serious illness.
(4) A judgment-debtor released under this section may be re-arrested, but the period of his detention in civil
prison shall not in the aggregate exceed that prescribed by section 58 .
ATTACHMENT
760. Property liable to attachment and sale in execution of decree.—
(1) The following property is liable to
attachment and sale in execution of a decree, namely, lands, houses or other buildings, goods, money, bank-notes,
cheques, bills of exchange, hundis, promissory notes, Government securities, bonds or other securities for money,
debts, shares in a corporation and, save as hereinafter mentioned, all other saleable property, movable or
immovable, belonging to the judgment-debtor, or over which, or the profits of which, he has a disposing
power which he may exercise for his own benefit, whether the same be held in the name of the judgment-
debtor or by another person in trust for him or on his behalf:
Provided that the following particulars shall not be liable to such attachment or sale, namely:—
(a) the necessary wearing-apparel, cooking vessels, beds and bedding of the judgment-debtor, his
wife and children, and such personal ornaments as, in accordance with religious usage, cannot be
parted with by any woman;
(b) tools of artisans, and, where the judgment-debtor is an agriculturist, his implements of
husbandry and such cattle and seed-grain as may, in the opinion of the Court, be necessary to enable
him to earn his livelihood as such, and such portion of agricultural produce or of any class of
agricultural produce as may have been declared to be free from liability under the provisions of the
next following section;
1. Subs. by Act 3 of 1921, s. 2, for “shall release”.
2. Subs. by Act 104 of 1976, s. 22, for certain words (w.e.f. 1-2-1977).
3. Subs. by Act 46 of 1999, s. 5, “one thousand rupees” (w.e.f. 1-7-2002).
4. Subs. by s. 5, ibid., by clause
(b) (w.e.f. 1-7-2002).
5. Ins. by Act 104 of 1976, s. 22 (w.e.f. 1-2-1977).
6. Subs. by Act 46 of 1999, s. 5, for “five hundred rupees” (w.e.f. 1-7-2002).
7. For amendments to s. 60, in its application to East Punjab, see the Punjab Relief of Indebtedness Act, 1934 (Pun. Act 7 of
1934), s. 35, as amended by Pun. Acts 12 of 1940 and 6 of 1942.
52
(c) houses and other buildings (with the materials and the sites thereof and the land immediately
appurtenant thereto and necessary for their enjoyment) belonging to 1[an agriculturist or a labourer of
a domestic servant] and occupied by him ;
(d) books of account ;
(e) a mere right to sue for damages ;
(f) any right of personal service ;
(g) stipends and gratuities allowed to pensioners of the Government 2[or of a local authority or of
any other employer], or payable out of any service family pension fund 3notified in the Official
Gazette by 4[the Central Government or the State Government] in this behalf, and political pensions;
5
[
(h) the wages of labourers and domestic servants, whether payable in money or in kind;
6
***]
7[
(i) salary to the extent of 8[the first 9[ 10[one thousand rupees]] and two third of the remainder] 11[in
execution of any decree other than a decree for maintenance]:
12[Provided that where any part of such portion of the salary as is liable to attachment has been under
attachment, whether continuously or intermittently, for a total period of twenty-four months, such portion
shall be exempt from attachment until the expiry of a further period of twelve months, and, where such
attachment has been made in execution of one and the same decree, shall, after the attachment has
continued for a total period of twenty-four months, be finally exempt from attachment in execution of that
deeree.]]
11[(ia) one-third of the salary in execution of any decree for maintenance;]
13[
(j) the pay and allowances of persons to whom the Air Force Act, 1950 (45 of 1950) or the Army
Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957), applies;]
(k) all compulsory deposits and other sums in or derived from any fund to which the Provident Funds Act,
14[1925], (19 of 1925), for the time being applies in so far as they are declared by the said Act not to be liable to
attachment;
15
[(ka) all deposits and other sums in or derived from any fund to which the Public Provident Fund Act, 1968
(23 of 1968), for the time being applies, in so far as they are declared by the said Act as not to be liable to attachment;
(kb) all moneys payable under a policy of insurance on the life of the judgment-debtor;
(kc) the interest of a lessee of a residential of building to which the provisions of law for the time
being in force relating to control of rents and accommodation apply;]
16
[
(1) any allowance forming part of the emoluments of any 17[servant of the 18[Government]] or of any
servant of a railway company or local authority which the 19[appropriate Government] may by notification in
the Official Gazette declare to be exempt from attachment, and any subsistence grant or allowance made to
20
[any such servant] while under suspension;]
1. Subs. by Act 104 of 1976, s. 23, for “an agriculturist” (w.e.f. 1-2-1977)
2. Ins. by s. 23, ibid. (w.e.f. 1-2-1977).
3. For such a notification, see Gazette of India, 1909, Pt. I, p. 5.
4. Subs. by the A.O. 1937, for “the G.G. in C.”
5. Subs. by Act 9 of 1937, s. 2, for clauses
(h) and
(i). The amendments made by that section have no effect in respect of any
proceedings arising out of a suit instituted before 1st June, 1937, see ibid., section 3.
6. The words “and salary, to the extent of the first hundred rupees and one-half the remainder of such salary” omitted by Act 5 of
1943, s. 2.
7. Subs. by s. 2, ibid., for clause
(i) and the proviso.
8. Subs. by Act 26 of 1963, s. 2, for “the first hundred rupees”.
9. Subs. by Act 104 of 1976, s. 23, for “two hundred rupees and one-half the remainder” (w.e.f. 1-2-1977).
10. Subs. by Act 46 of 1999, s. 6, for “four hundred rupees” (w.e.f. 1-7-2002).
11. Ins. by Act 66 of 1956, s. 6 (w.e.f. 1-1-1957).
12. Subs. by Act 104 of 1976, s. 23, for “the proviso” (w.e.f. 1-2-1977).
13. Subs. by s. 23, ibid., for clause
(j) (w.e.f. 1-2-1977).
14. Subs. by Act 9 of 1937, s. 2, for “1897”.
15. Ins. by Act 104 of 1976, s. 23 (w.e.f. 1-2-1977).
16. Subs. by Act 9 of 1937, s. 2, for the original clause
(l), see also footnote 3.
17. Subs. by Act 5 of 1943, s. 2, for “public officer”.
18. Subs. by the A.O. 1950 for “crown”.
19. Subs. by the A.O. 1937, for “G.G. in C”.
20. Subs. by Act 5 of 1943, s. 2, for “any such officer or servant”.
53
(m) an expectancy of succession by survivorship or other merely contingent or possible right or interest;
(n) a right to future maintenance;
(o) any allowance declared by 1[any Indian law] to be exempt from liability to attachment or sale in execution
of a decree; and
(p) where the judgment-debtor is a person liable for the payment of land-revenue; any movable property
which, under any law for the time being applicable to him, is exempt from .sale for the recovery of an arrear of
such revenue.
2
[Explanation I. —The moneys payable in relation to the matters mentioned in clauses
(g),
(h),
(i), (ia),
(j),
(l)
and
(o) are exempt from attachment or sale, whether before or after they are actually payable, and, in the case of
salary, the attachable portion thereof is liable to attachment, whether before or after it is actually payable.]
[ [Explanation II. —In clauses
(i) and (ia)], “salary” means the total monthly emoluments, excluding any
3 4
allowance declared exempt from attachment under the provisions of clause
(1), derived by a person from his
employment whether on duty or on leave.]
5
[Explanation 6[III]—In clause
(1) “appropriate Government” means—
(i) as respects any 7[person] in the service of the Central Government, or any servant of 8[a Railway
Administration] or of a cantonment authority or of the port authority of a major port, the Central Government;
9
* * * * *
(iii) as respects any other 10[servant of the 11[Government]] or a servant of any other 12*** local authority, the State
Government.]
13[Explanation IV—For the purposes of this proviso, “wages” includes bonus, and “labourer” includes a skilled unskilled or
semi-skilled labourer.
Explanation V—For the purposes of this proviso, the expression “agriculturist” means a person who cultivates land
personally and who depends for his livelihood mainly on the income from agricultural land, whether as owner, tenant, partner or
agricultural labourer.
Explanation VI—For the purposes of Explanation V an agriculturist shall be deemed to cultivate land personally, if he
cultivates land—
(a) by his own labour, or
(b) by the labour of any member of his family, or
(c) by servants or labourers on wages payable in cash or in kind (not being as a share of the produce), or
both.]
13
[(IA) Notwithstanding anything contained in any other law for the time being in force, an agreement by which a person
agrees to waive the benefit of any exemption under this section shall be void.]
(2) Nothing in this section shall be deemed 14*** to exempt houses and other buildings (with the materials and the
sites thereof and the lands immediately appurtenant thereto and necessary for their enjoyment) from attachment or sale in
execution of decrees for rent of any such house, building, site or land 15***
16
* * * * *
STATE AMENDMENTS
Kerala.—
In clause
(g) of the Proviso to sub-section
(1) of section 60, after the words “stipends and gratuities allowed
by pensioners of the Government” the words “or of a local authority” shall be inserted.
[Vide Kerala Act 13 of 1957, s. 3]
1. Subs. by the A.O. 1937, for “any law passed under the Indian Councils Act 1861 and 1892”.
2. Subs. by Act 104 of 1976, s. 23, for Explanation I (w.e.f. 1-2-1977).
3. Added by Act 9 of 1937, s. 2, The amendments made by that section shall not effect in respect of any proceeding arising out of any
suit instituted before 1st June, 1937, see ibid., section 3.
4. Subs. by Act 104 of 1976, s. 23, “Explanation 2. —in clauses
(h) and
(i)” (w.e.f. 1-2- 1977).
5. Ins. by the A.O. 1937.
6. Subs. by Act 104 of 1976, s. 23, for figure “3” (w.e.f. 1-2-1977).
7. Subs. by Act 5 of 1943, s. 2, for “Public officer”.
8. Subs. by the A.O. 1950, for “a Federal Railway”.
9. Clause (ii) omitted by the A.O. 1948.
10. Subs. by Act 5 of 1943, s. 2, for “public officer”.
11. Subs. by the A.O. 1950 for “crown”.
12. The words “railway or” omitted by the A.O. 1950.
13. Ins. by Act 104 of 1976, s. 23 (w.e.f. 1-2-1977).
14. The brackets and letter “
(a)”, rep. by Act 10 of 1914, s. 3 and the Second Schedule.
15. The word “or” rep. by, s. 3, ibid., and the Second Schedule.
16. Clause
(b) rep. by, s. 3 ibid., and the Second Schedule.
54
In the proviso to sub section
(1) of section 60 of the Code of Civil Procedure, 1908 (Central Act 5
of 1908), after clause
(g), the following clause shall be inserted, namely: —
“(gg) all moneys payable to the beneficiaries under the Family Benefit Scheme for the employees
of the Government of Kerala.”
[Vide Kerala Act 1 of 1988, s. 2.]
Himachal Pradesh.—
Amendment in section 60. —
(1) In Section 60 sub-section
(1):
(i) at the end of clause
(c), add the following:
or compensation paid for such houses and buildings (including compensation for the materials and
the sites and the land referred to above) acquired for a public purpose;
(ii) after clause
(c), the following clause shall be inserted, namely: —
(cc) compensation paid for agricultural lands belonging to agriculturists and acquired for a public
purpose;
[Vide Himachal Pradesh Act 6 of 1956, sec. 2.]
Tamil Nadu
Amendment of section 60, Central Act V of 1908.—In clause
(g) of the proviso to sub-section
(1) of
section 60 of the Code of Civil Procedure, 1908, after the words “stipends and gratuities allowed to
pensioners of the Government”, the words “or of a authority” shall be inserted.
[Vide Tamil Nadu Act XXXIV of 1950, s. 2]
Rajasthan
Amendment of section 60, Central Act V of 1908.-In clause
(b) of the proviso to sub-section
(1) of
section 60 of the code of Civil Procedure, 1908 (Central Act V of 1908) in its application to the State of
Rajasthan, after the word, “agriculturist” the words “his milch cattle and those likely to calve within two
years” shall be inserted.
[Vide Rajasthan Act 19 of 1958, s. 2]
Amendment of section 60, Central Act V of 1908.- In the proviso to sub-section
(1) of section 60 of
the Code of Civil Procedure, 1908 (Central Act V of 1908) in the application thereof to the State of
Rajasthan,-
(i) after clause
(k), the following clause shall be inserted, namely:-
(kk) moneys payable under Life Insurance Certificates issued in pursuance of the Rajasthan
Government Servants Insurance Rules, 1953;" and
(ii) after explanation 3 the following explanation shall be inserted, namely:-
''Explanation 4.-Where any money payable to a Government servant of the State is exempt from
attachment under the provision contained in clause (kk), such money shall remain exempt from attachment
notwithstanding the fact that owing to the death of a Government servant it is payable to some other person."
[Vide Rajasthan Act 16 of 1957, s. 2]
Uttar Pradesh
Addition of explanation (1-A) to sub-section
(1) of section 60.— After Explanation
(1) of sub-section
(1) of
section 60 of the Code of Civil Procedure, 1908, insert the following Explanation (I-A) ;
“Explanation (I-A) — Particulars mentioned in clause
(c) are exempt from sale in execution of a
decree whether passed before or after the commencement of the Code of Civil Procedure (United
Provinces Amendment) Act, 1908, for enforcement of a mortgage or charge thereon”.
[Vide Uttar Pradesh Act XXXV of 1948, s. 2]
61. Partial exemption of agricultural produce.—The State Government 1*** may, by general or special order
published in the Official Gazette, declare that such portion of agricultural produce, or of any class of agricultural
produce, as may appear to the State Government to be necessary for the purpose of providing until the
next harvest for the due cultivation of the land and for the support of the judgment-debtor and his family
