Arrest and Detention,
Attachment of property in
execution.
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DETAILED NOTES OF CPC IMPORTANT TOPICS
Typology: Study notes
2020/2021
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Arrest and Detention,
Attachment of property in
execution.
Arrest and Detention, Attachment of
property in execution.
Decree- is the final expression of adjudication rights of any person.
Decree holder- is a person in whose favour decree is passed or any
order passed which is capable of execution.
Judgement debtor- Any person against whom decree has been
passed or any order capable of execution is passed.
Legal representative- a person who in law represents the estate
of the deceased person.
Mesne Profits- are the profits which are obtained wrongfully by the
person, by capturing the property wrongfully.
Arrest and Detention Under CPC.
(^) Section 51- Provides the following modes of execution of decrees subject to such conditions and limitations as may be prescribed. (^) Section 51(c)- of CPC, it is given that when a decree-holder moves to the court for executing a decree, the court can execute such decree by the arrest and detention of the judgement debtor. (^) Section-52- Enforcement of decree against legal representative- (^) • The decree for arrest and detention may be passed in the following cases given under Order 21.
Under Rule 30, a decree for the payment of money can be executed by the arrest and detention of the judgement debtor. (^) Under Rule 31, where the decree is for a specific moveable party, it can be executed by the arrest and detention of the judgement debtor. (^) Under Rule 32, where the decree is for specific performance of the contract or an injunction, the court can execute the decree by arrest and detention of the judgement debtor. (^) Section 53 of Cpc.- Liability of ancestral property. (^) Section-54- Partition of Estate or Separation of Share-
Section-57- and Rule-39 of Order 21- Subsistence allowance- (^) In Case of Amulya Chandra vs Pashupati Nath_ (^) In Case of Jolly George Verghere vs Bank of Cochin- Section-58- Detention and Release- (^) Section-59- Release on ground of illness-
Attachment of property in
execution.
(^) Section 60-64, Rule 41-57 of Order 21 of CPC-1908— (^) It deals with the matter of Attachment of Property- (^) Section 60- describes the property which can and cannot be attached while execution_ (^) • properties which can be attached during the execution of decree. (^) • Properties which are exempted from Sale and execution of decree. (^) In Case of M.Balarajan vs M.Narasamma.
(^) Rule-43 of Order-21- Attachment of movable property other than agricultural produce in possession of judgement debtor- (^) Rule-54 of Order 21- Attachment of Immovable property-