Wednesday, 6 June 2018

NOTES ON EXECUTION OF DECREE PART 2


S 55. Arrest and detention:-
1) A judgment debtor shall be arrested and detained in civil prison:
Provided firstly that for the purpose of making an arrest ,no dwelling house shall be entered after sunset and before sunrise:
Provided secondly no outer door of a dwelling house shall be broken open unless judgment debtor refuses or prevent access to such dwelling house:
Provided thirdly if room is in occupancy of pardanashin lady,she should be permitted to leave the room:
Provided fourthly if decree is for payment of money and judgment debtor pays the amount of decree and costs,he shall be released.
3) When judgment debtor is arrested in execution of money decree and is brought before court,the court shall inform him that he may apply to be declared an insolvent,and he may be discharged if he has not committed any act of bad faith regarding subject of the application and if he complies with the provisions of law of insolvency.
4) Where a judgment debtor expresses his intention to apply to be declared an insolvent and furnishes security to the satisfaction of court,that he will within one month so apply,and that he will appear when called upon by court,the court may release him from arrest and he fails so to apply and to appear, the court may either direct security to be realized or commit him to civil prison in execution of decree.

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S 56. Prohibition of arrest of detention of women in execution of
decree for money.

S 57. Subsistence allowance

S 58. Detention and release:-
1) Every person detained in the civil prison in execution of decree shall be so detained-
a) money decree exceeding five thousand rupees- imprisonment not exceeding three months,and
b) money decree exceeding two thousand rupees but not exceeding five thousand rupess- imprisonment not exceeding six weeks.
Provided that he shall be released from detention before expiration of said period of detention-
1) if decretal amount is paid to officer in incharge of civil prison.
2) decree is otherwise fully satisfied,
3) on the request of the person on whose application he was so detained.
4) if decree holder fails to pay subsistance allowance.
( 1-A ) - No detention in civil prison if money decree does not exceed two thousand rupees.
2) A judgment debtor released 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.

S 59. Release on ground of illness:-
1)At any time after a warrant for arrest of judgment debtor has been issued, the court may concel it on the ground of his serious illness.
2) Judgment debtor can be released on ground of illness after arrest.
S 60. Property liable to attachment and sale in execution of decree-
1) The following property is liable to attachment sale in execution of decree,namely lands,houses or other buildings goods,money,bank-notes, cheques,bills of exchange,hundies,promissory notes,government securities,bonds or other securities for money,debts shares in a corporation,all saleable property,movable or immovable belonging to judgment debtor,or over which,or the profits of which, he has a disposing power which he ma exercise for his own benefit, whether the same be held in the name of judgment debtor or by another in trust for him or on his behalf:
Provided that the following particulars shall not be liable to such attachment or sale namely:
a) necessary wearing apparel, cooking vessels, beds and beddings of 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 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 which is declared to be free from liability.
c) houses and other buildings belonging to an agriculturist or a labourer or 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 government or of local authority or of any other employer or payable out of any service family pension fund notified in the offical gazettee by central government or the state government and political pensions.
h) the wages of labourers and domestic servant whether payable in money or kind;
I) Salary to the extent of first one thousand rupees and two thirds of the remainder in execution of any decree other than a decree for maintenance.
Provided that where any part of such portion of salary as is liable to attachment has been under attachment whether continuously or intermittently for total period of twenty four months, such portion shall be exempt from attachment until 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 decree.
(I-a) one third of the salary in execution of any decree for maintenance;
j) Pay and allowances of persons to whom the Air force Act,or Army Act or the Navy Act applies.
k) all compulsory deposits of Provident funds Act;
k-a) all compulsory deposits of Provident funds Act;
k-b) All moneys payable under a policy of insurance on the life of judgment debtor;
k-c) Interest of lessee of a residential building protected by rent control Act.
l) Any allowance forming part of emoluments of government servant,railway servant,or servant of local authority.
m) an expectancy of succession by survivorship or other merely contingent or possible right ot interest;
n) a right to future maintenance;
o) any allowance declared by any Indian law to be exempt from liability to attachment or sale in execution of a decree.
p) Any movable property of judgment debtor exempt from sale;

S 61. Partial exemption of agricultural produce;

S 62. Seizure of property in dwelling house:-
1) No person executing any process shall enter any dwelling house after sunset and before sunrise for seizure of movable property.
2) No outer door of dwelling house shall be broken open unless judgment debtor refuses or prevents access thereto.
3) Where room in dwelling house is in occupancy of pardanashin lady, she shall be permitted to leave the room.

S 63. Property attached in execution of decrees of several court:-
Dispute shall be decided by court of highest grade. If court is of same grade,court by which it was first attached.

S 64. Private alienation of property after attachment shall be void;

S 65. Purchaser's title:- Where immovable property is sold in execution of decree and such sale has become absolute,the property shall be deemed to have vested in the purchaser from the time when the property is sold and not from the time when the sale becomes absolute.

S 73. Proceeds of execution sale to be rateably distributed among decree holder;


S 74. Resistence to execution:- Where the court is satisfied that judgment debtor is resisting without any reasonable cause, court may order that judgment debtor to be detained in civil prison for a term which may extend to thirty days and may further direct that decree holder or purchaser be put in to possession of property.

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