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Modes of Execution of Decree

The document discusses different modes of executing a court decree under Indian law. It outlines that a court may order (1) delivery of specifically decreed property, (2) attachment and sale of property, (3) arrest and detention in prison, (4) appointing a receiver, or (5) other means depending on the relief granted. It then lists the types of property that are liable for attachment and sale in execution of a decree, as well as certain exempted property like necessary clothing, tools, pensions, and wages. Finally, it describes the conditions for ordering arrest before judgment, such as the judgment-debtor likely absconding or dishonestly transferring property.

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Mehedy Hasan
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35 views

Modes of Execution of Decree

The document discusses different modes of executing a court decree under Indian law. It outlines that a court may order (1) delivery of specifically decreed property, (2) attachment and sale of property, (3) arrest and detention in prison, (4) appointing a receiver, or (5) other means depending on the relief granted. It then lists the types of property that are liable for attachment and sale in execution of a decree, as well as certain exempted property like necessary clothing, tools, pensions, and wages. Finally, it describes the conditions for ordering arrest before judgment, such as the judgment-debtor likely absconding or dishonestly transferring property.

Uploaded by

Mehedy Hasan
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Modes of execution of decree:

Section 51 provides that on the application of the decree-holder, the Court may 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;
(d) by appointing a receiver; or
(e) in such other manner as the nature of the relief granted may require.

According to section 60, the following property is liable to attachment and sale in execution of a decree:

(a) Lands, houses or other buildings, goods,


(b) money, bank-notes, cheques, bills of exchange, hundis, promissory notes, Government securities,
bonds
(c) debts, shares in a corporation and
(d) all other saleable property (moveable or immovable) belonging to the judgment-debtor,
(e) 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

The following particulars shall not be liable to such attachment or sale:

(a) the necessary wearing-apparel, cooking vessels, beds and bedding of the judgment-debtor, his wife
and children, and such personal ornaments as
(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
(c) houses and other buildings belonging to an agriculturist 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,
(h) the wages of labourers and domestic servants, whether payable in money or in kind;
(i) salary to the extent of the first hundred Taka and one-half the remainder:
(j) the pay and allowances of persons made by Armed Forces
(k) all compulsory deposits and other sums in or derived from any fund to which the Provident Funds
Act, 1925 applies
(l) any allowance forming part of the emoluments of any servant
(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 any Bangladesh 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
Conditions for arrest before judgement:

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.

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