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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.
Read important judgments on execution of decree:
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Read important judgments on execution of decree:
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56. Prohibition of arrest or detention of women in execution of
decree
for money.
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57. Subsistence allowance
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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.
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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.
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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 may 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;
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61. Partial exemption of agricultural produce;
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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.
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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.
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64. Private alienation of property after attachment shall be void;
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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.
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73. Proceeds of execution sale to be rateably distributed among
decree holder;
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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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