🔰 Questions to be Determined by Executing Court – Section 47 CPC 🔰
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1️⃣ Statutory Provision:
Section 47 CPC provides that all questions arising between the parties to the suit relating to the execution, discharge or satisfaction of the decree shall be determined by the executing court and not by a separate suit.
This avoids multiplicity of proceedings and ensures speedy execution.
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2️⃣ Meaning:
When any dispute arises after the decree, relating to how it should be executed, whether it has been paid, or whether it is properly satisfied, such disputes must be decided only by the executing court, not by filing a new case.
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3️⃣ Parties Who Can Raise Objections:
Only disputes between parties to the original suit, or their legal representatives, can be decided under Section 47.
Third party claims are dealt with under Order XXI Rules 97–101 (separate procedure).
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4️⃣ Object / Purpose:
To avoid delay and prevent unnecessary litigation.
Ensures effectiveness and finality of the decree.
Provides an easy and direct remedy for execution disputes.
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5️⃣ Illustrations / Examples:
Determining whether the decree has been fully paid → Section 47 applies.
Determining whether a property attached belongs to JD but a stranger claims it → NOT Section 47 (handled under Order 21 Rule 99).
Whether the decree is executable due to limitation → Section 47 applies.
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6️⃣ Case Law:
Merla Ramanna v. Nallaparaju (AIR 1956 SC 87):
The executing court cannot go behind the decree, but it can interpret it and decide issues related to execution, discharge or satisfaction.
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7️⃣ Essence:
Any dispute between the parties relating to execution, satisfaction or discharge of the decree must be resolved by the executing court and no separate suit lies for such matters.
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1️⃣ Statutory Provision:
Section 47 CPC provides that all questions arising between the parties to the suit relating to the execution, discharge or satisfaction of the decree shall be determined by the executing court and not by a separate suit.
This avoids multiplicity of proceedings and ensures speedy execution.
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2️⃣ Meaning:
When any dispute arises after the decree, relating to how it should be executed, whether it has been paid, or whether it is properly satisfied, such disputes must be decided only by the executing court, not by filing a new case.
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3️⃣ Parties Who Can Raise Objections:
Only disputes between parties to the original suit, or their legal representatives, can be decided under Section 47.
Third party claims are dealt with under Order XXI Rules 97–101 (separate procedure).
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4️⃣ Object / Purpose:
To avoid delay and prevent unnecessary litigation.
Ensures effectiveness and finality of the decree.
Provides an easy and direct remedy for execution disputes.
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5️⃣ Illustrations / Examples:
Determining whether the decree has been fully paid → Section 47 applies.
Determining whether a property attached belongs to JD but a stranger claims it → NOT Section 47 (handled under Order 21 Rule 99).
Whether the decree is executable due to limitation → Section 47 applies.
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6️⃣ Case Law:
Merla Ramanna v. Nallaparaju (AIR 1956 SC 87):
The executing court cannot go behind the decree, but it can interpret it and decide issues related to execution, discharge or satisfaction.
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7️⃣ Essence:
Any dispute between the parties relating to execution, satisfaction or discharge of the decree must be resolved by the executing court and no separate suit lies for such matters.
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"Order" is defined under CPC in—
Anonymous Quiz
27%
A. Section 2(9)
64%
B. Section 2(14)
7%
C. Section 3
2%
D. Section 8
🔰 Transferees and Legal Representatives – Section 50 & Order 21 Rule 16, CPC 🔰
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Meaning:
In execution proceedings, sometimes the original parties to the suit may no longer be available (due to death or transfer of rights).
In such cases, the law allows execution to be continued by or against transferees and legal representatives.
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🅰️ Transferees – Order 21 Rule 16 CPC
1️⃣ Who is a Transferee?
A transferee is a person to whom the rights under a decree are transferred either by:
Assignment (written transfer agreement), or
Operation of law (e.g., auction purchaser, insolvency)
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2️⃣ Rights of a Transferee:
The transferee steps into the shoes of the decree-holder.
He may execute the decree in his own name.
However, notice must be issued to the judgment-debtor before execution begins.
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3️⃣ Key Point:
The court must recognize the transfer before allowing execution.
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4️⃣ Example:
A obtains a money decree against B.
A sells his decree to C.
C can execute the decree against B in his own name, after the court formally acknowledges the transfer.
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🅱️ Legal Representatives – Section 50 & 52, CPC
1️⃣ Who is a Legal Representative?
A legal representative (LR) is a person who represents the estate of a deceased person (e.g., heir, executor, administrator).
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2️⃣ If Decree-Holder Dies:
LRs of the decree-holder may apply for execution and recover the decree amount.
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3️⃣ If Judgment-Debtor Dies:
LRs of the judgment-debtor may be substituted.
The decree may be executed against their inherited property only.
They are not personally liable beyond the value of property inherited.
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4️⃣ Example:
A obtains a decree against B.
Before execution, B dies leaving property to his son.
Execution can be done only against the property inherited by the son, not against the son's personal income.
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5️⃣ Case Law:
Sunil Kumar & Anr. v. Ram Prakash (1988)
A transferee becomes a decree-holder for execution purposes, but notice to JD before execution is mandatory.
6️⃣ Summary (For Quick Revision)
Transferee (Order 21 Rule 16) → Person who acquires rights under a decree; can execute it.
Legal Representative (Section 50 & 52) → Person who represents estate of deceased party; execution continues only to the extent of inherited property.
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Meaning:
In execution proceedings, sometimes the original parties to the suit may no longer be available (due to death or transfer of rights).
In such cases, the law allows execution to be continued by or against transferees and legal representatives.
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🅰️ Transferees – Order 21 Rule 16 CPC
1️⃣ Who is a Transferee?
A transferee is a person to whom the rights under a decree are transferred either by:
Assignment (written transfer agreement), or
Operation of law (e.g., auction purchaser, insolvency)
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2️⃣ Rights of a Transferee:
The transferee steps into the shoes of the decree-holder.
He may execute the decree in his own name.
However, notice must be issued to the judgment-debtor before execution begins.
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3️⃣ Key Point:
The court must recognize the transfer before allowing execution.
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4️⃣ Example:
A obtains a money decree against B.
A sells his decree to C.
C can execute the decree against B in his own name, after the court formally acknowledges the transfer.
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🅱️ Legal Representatives – Section 50 & 52, CPC
1️⃣ Who is a Legal Representative?
A legal representative (LR) is a person who represents the estate of a deceased person (e.g., heir, executor, administrator).
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2️⃣ If Decree-Holder Dies:
LRs of the decree-holder may apply for execution and recover the decree amount.
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3️⃣ If Judgment-Debtor Dies:
LRs of the judgment-debtor may be substituted.
The decree may be executed against their inherited property only.
They are not personally liable beyond the value of property inherited.
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4️⃣ Example:
A obtains a decree against B.
Before execution, B dies leaving property to his son.
Execution can be done only against the property inherited by the son, not against the son's personal income.
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5️⃣ Case Law:
Sunil Kumar & Anr. v. Ram Prakash (1988)
A transferee becomes a decree-holder for execution purposes, but notice to JD before execution is mandatory.
6️⃣ Summary (For Quick Revision)
Transferee (Order 21 Rule 16) → Person who acquires rights under a decree; can execute it.
Legal Representative (Section 50 & 52) → Person who represents estate of deceased party; execution continues only to the extent of inherited property.
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Distinction between "decree" and "order" is—
Anonymous Quiz
11%
A. Every order is a decree
19%
B. Every decree is an order
15%
C. Decree is appealable, order is not
55%
D. Decree decides rights conclusively, order may or may not
❤2
🔰 Enforcement of Decree against Legal Representatives – Sections 50 & 52 CPC 🔰
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Context
When a judgment-debtor (JD) dies, the decree does not come to an end.
The decree may still be executed, but only against the legal representatives (LRs) of the deceased.
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1️⃣ Section 50 CPC – Procedure when JD Dies
If the judgment-debtor dies before the decree is fully satisfied:
→ The decree may be executed against his legal representatives.
The LRs are not personally liable beyond the extent of the property inherited by them.
They do not pay from their own pocket. Their liability is limited to the estate received from the deceased JD.
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2️⃣ Section 52 CPC – Enforcement of Money Decrees against LRs
This section specifically deals with money decrees.
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3️⃣ Key Points:
Execution can be done only against the property inherited by the LR.
If LR admits possession of inherited property → Court may proceed directly.
If LR disputes inheritance, Court must determine the extent of property received.
The personal property of the LR cannot be attached.
Example for Clarity:
A obtains a money decree against B.
Before execution, B dies, leaving a house to his son C.
A can execute the decree against the house inherited by C.
But C’s personal salary, savings, etc., cannot be touched.
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4️⃣ Important Case Law
Andhra Bank v. R. Srinivasan (2008) 3 SCC 541
The Supreme Court held that LRs are liable only to the extent of the assets of the deceased that come into their hands, not personally.
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5️⃣ Summary (One-Liner Form)
On death of a judgment-debtor, execution is done against his legal representatives, but only to the extent of the property inherited and not from their personal resources.
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Context
When a judgment-debtor (JD) dies, the decree does not come to an end.
The decree may still be executed, but only against the legal representatives (LRs) of the deceased.
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1️⃣ Section 50 CPC – Procedure when JD Dies
If the judgment-debtor dies before the decree is fully satisfied:
→ The decree may be executed against his legal representatives.
The LRs are not personally liable beyond the extent of the property inherited by them.
They do not pay from their own pocket. Their liability is limited to the estate received from the deceased JD.
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2️⃣ Section 52 CPC – Enforcement of Money Decrees against LRs
This section specifically deals with money decrees.
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3️⃣ Key Points:
Execution can be done only against the property inherited by the LR.
If LR admits possession of inherited property → Court may proceed directly.
If LR disputes inheritance, Court must determine the extent of property received.
The personal property of the LR cannot be attached.
Example for Clarity:
A obtains a money decree against B.
Before execution, B dies, leaving a house to his son C.
A can execute the decree against the house inherited by C.
But C’s personal salary, savings, etc., cannot be touched.
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4️⃣ Important Case Law
Andhra Bank v. R. Srinivasan (2008) 3 SCC 541
The Supreme Court held that LRs are liable only to the extent of the assets of the deceased that come into their hands, not personally.
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5️⃣ Summary (One-Liner Form)
On death of a judgment-debtor, execution is done against his legal representatives, but only to the extent of the property inherited and not from their personal resources.
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"Judgment" is defined under—
Anonymous Quiz
9%
A. Section 2(1)
58%
B. Section 2(9)
29%
C. Section 2(14)
4%
D. Section 2(2)
❤1
🔰 Arrest and Detention in Execution of Decree – Sections 51, 55–59 CPC 🔰
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1️⃣ Purpose
Arrest and detention may be ordered to compel obedience of a decree, especially in:
Money decrees, or
Decrees for specific acts.
However, it is considered a last resort and used only after other execution methods (attachment, sale) are found insufficient.
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2️⃣ Legal Basis
Section 51 CPC gives the court power to execute a decree by:
Arrest and detention of the judgment-debtor (JD) in civil prison.
Sections 55 to 59 CPC and Order 21 Rules 37–40 lay down the procedure.
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3️⃣ Key Provisions
➡️ Section 55 – Arrest of Judgment Debtor
JD may be arrested at any time before satisfaction of the decree.
Arrest must be non-violent and without unnecessary force.
Women cannot be arrested in execution of a money decree (Section 56).
➡️ Section 56 – Women Exempted
Under a decree for payment of money, a woman cannot be arrested.
➡️ Section 57 – Subsistence Allowance
The decree-holder must deposit subsistence allowance (food and maintenance expenses) for the JD.
This prevents inhumane imprisonment.
➡️ Section 59 – Release on Grounds of Illness
JD may be released if imprisonment endangers health or life.
Procedure before Arrest (Order 21 Rule 37–40)
Court issues notice to JD to show cause why he should not be arrested.
JD appears → Court examines ability to pay.
If JD deliberately avoids payment, arrest may be ordered.
If JD proves inability, detention cannot be ordered.
Arrest cannot be used as punishment.
It is used only when JD has the means but refuses to pay.
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4️⃣ Important Case Law
Jolly George Varghese v. Bank of Cochin (1980)
Supreme Court held: No detention if the debtor is unable to pay for genuine reasons.
Arrest allowed only if refusal is willful.
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1️⃣ Purpose
Arrest and detention may be ordered to compel obedience of a decree, especially in:
Money decrees, or
Decrees for specific acts.
However, it is considered a last resort and used only after other execution methods (attachment, sale) are found insufficient.
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2️⃣ Legal Basis
Section 51 CPC gives the court power to execute a decree by:
Arrest and detention of the judgment-debtor (JD) in civil prison.
Sections 55 to 59 CPC and Order 21 Rules 37–40 lay down the procedure.
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3️⃣ Key Provisions
➡️ Section 55 – Arrest of Judgment Debtor
JD may be arrested at any time before satisfaction of the decree.
Arrest must be non-violent and without unnecessary force.
Women cannot be arrested in execution of a money decree (Section 56).
➡️ Section 56 – Women Exempted
Under a decree for payment of money, a woman cannot be arrested.
➡️ Section 57 – Subsistence Allowance
The decree-holder must deposit subsistence allowance (food and maintenance expenses) for the JD.
This prevents inhumane imprisonment.
➡️ Section 59 – Release on Grounds of Illness
JD may be released if imprisonment endangers health or life.
Procedure before Arrest (Order 21 Rule 37–40)
Court issues notice to JD to show cause why he should not be arrested.
JD appears → Court examines ability to pay.
If JD deliberately avoids payment, arrest may be ordered.
If JD proves inability, detention cannot be ordered.
Arrest cannot be used as punishment.
It is used only when JD has the means but refuses to pay.
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4️⃣ Important Case Law
Jolly George Varghese v. Bank of Cochin (1980)
Supreme Court held: No detention if the debtor is unable to pay for genuine reasons.
Arrest allowed only if refusal is willful.
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Which of the following is not included in the definition of "judgment-debtor"?
Anonymous Quiz
16%
A. A person against whom a decree is passed
21%
B. A person against whom an order capable of execution is passed
35%
C. A person who is merely a defendant in a suit
28%
D. Both A and B
❤1
🔰 Prohibition of Arrest or Detention of Women: Section 56 Code of Civil Procedure, 1908 🔰
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1️⃣ Statutory Provision
Section 56 CPC expressly provides that no woman shall be arrested or detained in the execution of a decree for payment of money.
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2️⃣ Meaning
If a court has passed a money decree (i.e., a decree ordering the payment of money), a woman judgment-debtor cannot be arrested to enforce that decree.
This protection applies irrespective of her age, financial status or capacity to pay.
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3️⃣ Object of the Provision
To protect women from harassment, mental and physical suffering.
To ensure humane and fair treatment in execution proceedings.
Based on considerations of social justice and gender sensitivity.
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4️⃣ Illustration
A lender gets a decree to recover ₹50,000 from a woman borrower.
Even if she deliberately avoids payment, she cannot be arrested in execution.
The decree-holder must use alternative modes of execution, like attachment and sale of her property, instead of arrest.
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5️⃣ Key Case Law
Jolly George Varghese v. Bank of Cochin (1980)
The Supreme Court emphasized the humane approach to execution and held that arrest and detention cannot be used as punishment, even in the case of men.
Though not directly about women, it strengthens the protective philosophy underlying Section 56.
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6️⃣ Quick Revision Line
Section 56 CPC: A woman cannot be arrested or detained in civil prison in the execution of a decree for payment of money. Her liability can be enforced only through attachment or sale of property.
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1️⃣ Statutory Provision
Section 56 CPC expressly provides that no woman shall be arrested or detained in the execution of a decree for payment of money.
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2️⃣ Meaning
If a court has passed a money decree (i.e., a decree ordering the payment of money), a woman judgment-debtor cannot be arrested to enforce that decree.
This protection applies irrespective of her age, financial status or capacity to pay.
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3️⃣ Object of the Provision
To protect women from harassment, mental and physical suffering.
To ensure humane and fair treatment in execution proceedings.
Based on considerations of social justice and gender sensitivity.
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4️⃣ Illustration
A lender gets a decree to recover ₹50,000 from a woman borrower.
Even if she deliberately avoids payment, she cannot be arrested in execution.
The decree-holder must use alternative modes of execution, like attachment and sale of her property, instead of arrest.
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5️⃣ Key Case Law
Jolly George Varghese v. Bank of Cochin (1980)
The Supreme Court emphasized the humane approach to execution and held that arrest and detention cannot be used as punishment, even in the case of men.
Though not directly about women, it strengthens the protective philosophy underlying Section 56.
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6️⃣ Quick Revision Line
Section 56 CPC: A woman cannot be arrested or detained in civil prison in the execution of a decree for payment of money. Her liability can be enforced only through attachment or sale of property.
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🔰 Subsistence Allowance – Section 57 CPC & Order 21 Rule 39 🔰
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1️⃣ Meaning
Subsistence Allowance is the maintenance amount (food, clothing, basic living expense) that must be deposited by the decree-holder before a judgment-debtor (JD) can be detained in civil prison for execution of a decree.
This ensures that the JD is not detained in inhuman conditions.
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2️⃣ Statutory Provision
Section 57 CPC → State Government prescribes daily rate of subsistence allowance.
Order 21 Rule 39 CPC → Decree-holder must deposit the allowance in advance.
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3️⃣ Purpose / Object
To protect the dignity and basic rights of the judgment-debtor.
To prevent imprisonment from becoming cruel or oppressive.
Ensures the State does not bear the cost of maintaining a civil prisoner.
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4️⃣ Key Requirements
Before issuing a warrant of arrest, the court must determine the subsistence allowance.
The decree-holder must deposit:
Allowance for the day of arrest, and
For the period of expected detention.
If allowance is not deposited, then no arrest or detention can be ordered.
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5️⃣ Liability
The amount paid by the decree-holder as subsistence allowance is added to the decree debt and can be recovered from the judgment-debtor later.
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6️⃣ Example
A obtains a decree for ₹1,00,000 against B and seeks his arrest.
The daily subsistence allowance fixed is ₹200 per day for 30 days = ₹6000.
A must deposit ₹6000 first.
Only then may the court issue an order for detention of B.
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7️⃣ Quick Revision Line
No detention in civil prison is permissible unless the decree-holder deposits subsistence allowance in advance.
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1️⃣ Meaning
Subsistence Allowance is the maintenance amount (food, clothing, basic living expense) that must be deposited by the decree-holder before a judgment-debtor (JD) can be detained in civil prison for execution of a decree.
This ensures that the JD is not detained in inhuman conditions.
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2️⃣ Statutory Provision
Section 57 CPC → State Government prescribes daily rate of subsistence allowance.
Order 21 Rule 39 CPC → Decree-holder must deposit the allowance in advance.
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3️⃣ Purpose / Object
To protect the dignity and basic rights of the judgment-debtor.
To prevent imprisonment from becoming cruel or oppressive.
Ensures the State does not bear the cost of maintaining a civil prisoner.
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4️⃣ Key Requirements
Before issuing a warrant of arrest, the court must determine the subsistence allowance.
The decree-holder must deposit:
Allowance for the day of arrest, and
For the period of expected detention.
If allowance is not deposited, then no arrest or detention can be ordered.
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5️⃣ Liability
The amount paid by the decree-holder as subsistence allowance is added to the decree debt and can be recovered from the judgment-debtor later.
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6️⃣ Example
A obtains a decree for ₹1,00,000 against B and seeks his arrest.
The daily subsistence allowance fixed is ₹200 per day for 30 days = ₹6000.
A must deposit ₹6000 first.
Only then may the court issue an order for detention of B.
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7️⃣ Quick Revision Line
No detention in civil prison is permissible unless the decree-holder deposits subsistence allowance in advance.
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A "foreign court" under CPC means—
Anonymous Quiz
76%
A. Court outside India not established by Central Government authority
8%
B. Court within India but in a different state
12%
C. Any International Tribunal
4%
D. None of the above
❤1
🔰 Detention and Release of Judgment-Debtor: Sections 58 & 59 CPC 🔰
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1️⃣ Detention in Civil Prison (Section 58)
If a judgment-debtor (JD) fails to satisfy a money decree, the court may order detention in civil prison, but only after notice and inquiry into ability to pay.
Detention is not punishment — it is only to compel payment where JD has means but refuses.
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2️⃣ Conditions Before Detention
Court must issue notice to JD to show cause (Order 21 Rule 37).
Court must verify that JD has means but is deliberately avoiding payment.
Subsistence allowance must be deposited by decree-holder (Section 57).
Release (Section 59 CPC)
JD may be released before completion of detention period:
On payment or compromise of the decree.
If the decree-holder requests release.
If JD’s health is endangered (illness).
If court finds further detention unjust or unnecessary.
Release does not extinguish the decree → the decree-holder may still proceed with other execution modes (like attachment and sale of property).
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3️⃣ Key Principle
Detention is allowed only when the JD has the capacity to pay but refuses.
It is not allowed when the inability to pay is genuine.
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4️⃣ Important Case Law
Jolly George Varghese v. Bank of Cochin (1980)
The Supreme Court held that no person can be detained in civil prison if they are genuinely unable to pay.
Detention is allowed only for willful and deliberate default.
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5️⃣ Quick Revision Line
Section 58-59 CPC: Detention in civil prison is permitted only upon willful non-payment, and release may be ordered on payment, compromise, illness or decree-holder’s request.
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1️⃣ Detention in Civil Prison (Section 58)
If a judgment-debtor (JD) fails to satisfy a money decree, the court may order detention in civil prison, but only after notice and inquiry into ability to pay.
Detention is not punishment — it is only to compel payment where JD has means but refuses.
https://youtube.com/c/LAWEXPLORER
2️⃣ Conditions Before Detention
Court must issue notice to JD to show cause (Order 21 Rule 37).
Court must verify that JD has means but is deliberately avoiding payment.
Subsistence allowance must be deposited by decree-holder (Section 57).
Release (Section 59 CPC)
JD may be released before completion of detention period:
On payment or compromise of the decree.
If the decree-holder requests release.
If JD’s health is endangered (illness).
If court finds further detention unjust or unnecessary.
Release does not extinguish the decree → the decree-holder may still proceed with other execution modes (like attachment and sale of property).
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3️⃣ Key Principle
Detention is allowed only when the JD has the capacity to pay but refuses.
It is not allowed when the inability to pay is genuine.
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4️⃣ Important Case Law
Jolly George Varghese v. Bank of Cochin (1980)
The Supreme Court held that no person can be detained in civil prison if they are genuinely unable to pay.
Detention is allowed only for willful and deliberate default.
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5️⃣ Quick Revision Line
Section 58-59 CPC: Detention in civil prison is permitted only upon willful non-payment, and release may be ordered on payment, compromise, illness or decree-holder’s request.
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Section 3 of CPC deals with—
Anonymous Quiz
64%
A. Subordination of Courts
22%
B. Definition of Court
11%
C. Execution of Decrees
4%
D. Applicability of Orders
🔰 Release on Ground of Illness: Section 59 Code of Civil Procedure, 1908 🔰
1️⃣ Statutory Provision
Section 59 CPC deals with the release of a judgment-debtor (JD) from civil prison on the ground of illness.
2️⃣ Meaning
If a judgment-debtor becomes seriously ill either before detention or while in civil prison, the Court may order his release.
The purpose is to prevent danger to health or life.
3️⃣ When Court May Order Release
The JD may be released if:
Detention will endanger his health, OR
The JD becomes seriously ill while being detained.
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4️⃣ Important Points
Release under Section 59 does not cancel or satisfy the decree.
The decree-holder can still proceed with other modes of execution, such as:
Attachment of property
Sale of assets
Appointment of receiver
If the JD recovers later, he may be re-arrested (unless already released after full detention under Section 58).
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5️⃣ Objective
To ensure that civil imprisonment is humane and does not endanger life.
Prevents execution proceedings from becoming punitive or cruel.
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6️⃣ Example
B is detained in civil prison for a money decree.
After 2 weeks he develops a serious heart condition.
Upon medical certification, the court may release B on the ground of illness.
The decree-holder may still attach B’s property to recover the amount.
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7️⃣ Case Reference
Jolly George Varghese v. Bank of Cochin (1980)
The Supreme Court emphasized that civil detention must not be oppressive and must respect human dignity.
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8️⃣ Quick Revision Line
Section 59 CPC: If imprisonment would endanger the health or life of the judgment-debtor, the court may release him, but the decree remains enforceable by other means.
1️⃣ Statutory Provision
Section 59 CPC deals with the release of a judgment-debtor (JD) from civil prison on the ground of illness.
2️⃣ Meaning
If a judgment-debtor becomes seriously ill either before detention or while in civil prison, the Court may order his release.
The purpose is to prevent danger to health or life.
3️⃣ When Court May Order Release
The JD may be released if:
Detention will endanger his health, OR
The JD becomes seriously ill while being detained.
https://youtube.com/c/LAWEXPLORER
4️⃣ Important Points
Release under Section 59 does not cancel or satisfy the decree.
The decree-holder can still proceed with other modes of execution, such as:
Attachment of property
Sale of assets
Appointment of receiver
If the JD recovers later, he may be re-arrested (unless already released after full detention under Section 58).
https://youtube.com/c/LAWEXPLORER
5️⃣ Objective
To ensure that civil imprisonment is humane and does not endanger life.
Prevents execution proceedings from becoming punitive or cruel.
https://youtube.com/c/LAWEXPLORER
6️⃣ Example
B is detained in civil prison for a money decree.
After 2 weeks he develops a serious heart condition.
Upon medical certification, the court may release B on the ground of illness.
The decree-holder may still attach B’s property to recover the amount.
https://youtube.com/c/LAWEXPLORER
7️⃣ Case Reference
Jolly George Varghese v. Bank of Cochin (1980)
The Supreme Court emphasized that civil detention must not be oppressive and must respect human dignity.
https://youtube.com/c/LAWEXPLORER
8️⃣ Quick Revision Line
Section 59 CPC: If imprisonment would endanger the health or life of the judgment-debtor, the court may release him, but the decree remains enforceable by other means.
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Under Section 3 CPC, District Court is subordinate to—
Anonymous Quiz
67%
A. High Court
6%
B. Supreme Court
24%
C. Civil Judge Senior Division
2%
D. None
❤2
🔰 Property Liable to Attachment and Sale in Execution of Decree - Section 60 CPC 🔰
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1️⃣ General Rule
Under Section 60(1) CPC, all saleable property belonging to the judgment-debtor (JD)—whether movable or immovable, whether held individually or jointly—is liable to attachment and sale in execution of a decree.
This includes:
Lands, houses, buildings
Goods, cash, bank accounts
Shares, debts, actionable claims
Salary (subject to limitations)
Movable assets like vehicles, jewellery, etc.
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2️⃣ Property Liable to Attachment
The following properties can be attached and sold:
A. Immovable Property
Houses, buildings, land
Rights or interests in land (leasehold rights, etc.)
B. Movable Property
Money, bank balances
Vehicles, stocks, furniture
Livestock, agricultural produce
Shares, securities, bonds
Debts due to JD
Actionable claims
C. Salary
Salary is attachable only to a limited extent:
First ₹1,000 + two-thirds of the remainder is exempt
Only one-third of salary is attachable (after basic exemptions)
Special rules apply for maintenance decrees
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3️⃣ Property NOT Liable to Attachment
Section 60(1) includes a proviso listing properties exempt from attachment. These include:
A. Essential and livelihood items
Necessary wearing apparel
Bedding
Tools of artisans
Books of account
Implements of husbandry
Tools necessary for livelihood
Houses of agriculturists
Agricultural land of agriculturists (in many states)
B. Salary (certain portion)
First ₹1,000 and 2/3rd remainder is exempt (for ordinary decrees)
Full salary exempt after 24 months of continuous attachment
C. Stipends and pensions
Pension, gratuity, provident fund
Allowances of military/naval/air force personnel
Political pensions
D. Insurance and retirement-related funds
Provident fund
Compulsory deposit schemes
Government annuities
E. Personal property
Right of personal service
Personal pay and allowances of public servants
Tools and materials needed for professional practice
F. Others
Wages of labourers and domestic servants
Portions of salary under conditions (as above)
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4️⃣ Object of Section 60
To protect the basic means of livelihood of the JD.
To allow execution without depriving JD of survival necessities.
To balance creditor’s rights and debtor’s protection.
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5️⃣ Case Law
✨ State of Punjab v. Kailash Nath (1989)
Salary attachment must follow the statutory limits strictly.
✨ Union of India v. Jyoti Chit Fund (1976)
Provident Fund is absolutely exempt from attachment.
https://youtube.com/c/LAWEXPLORER
❇️ Quick Revision Line
Section 60 CPC: All saleable property of the judgment-debtor is attachable except items essential for livelihood, pensions, provident fund, necessary tools and protected salary portions.
https://youtube.com/c/LAWEXPLORER
1️⃣ General Rule
Under Section 60(1) CPC, all saleable property belonging to the judgment-debtor (JD)—whether movable or immovable, whether held individually or jointly—is liable to attachment and sale in execution of a decree.
This includes:
Lands, houses, buildings
Goods, cash, bank accounts
Shares, debts, actionable claims
Salary (subject to limitations)
Movable assets like vehicles, jewellery, etc.
https://youtube.com/c/LAWEXPLORER
2️⃣ Property Liable to Attachment
The following properties can be attached and sold:
A. Immovable Property
Houses, buildings, land
Rights or interests in land (leasehold rights, etc.)
B. Movable Property
Money, bank balances
Vehicles, stocks, furniture
Livestock, agricultural produce
Shares, securities, bonds
Debts due to JD
Actionable claims
C. Salary
Salary is attachable only to a limited extent:
First ₹1,000 + two-thirds of the remainder is exempt
Only one-third of salary is attachable (after basic exemptions)
Special rules apply for maintenance decrees
https://youtube.com/c/LAWEXPLORER
3️⃣ Property NOT Liable to Attachment
Section 60(1) includes a proviso listing properties exempt from attachment. These include:
A. Essential and livelihood items
Necessary wearing apparel
Bedding
Tools of artisans
Books of account
Implements of husbandry
Tools necessary for livelihood
Houses of agriculturists
Agricultural land of agriculturists (in many states)
B. Salary (certain portion)
First ₹1,000 and 2/3rd remainder is exempt (for ordinary decrees)
Full salary exempt after 24 months of continuous attachment
C. Stipends and pensions
Pension, gratuity, provident fund
Allowances of military/naval/air force personnel
Political pensions
D. Insurance and retirement-related funds
Provident fund
Compulsory deposit schemes
Government annuities
E. Personal property
Right of personal service
Personal pay and allowances of public servants
Tools and materials needed for professional practice
F. Others
Wages of labourers and domestic servants
Portions of salary under conditions (as above)
https://youtube.com/c/LAWEXPLORER
4️⃣ Object of Section 60
To protect the basic means of livelihood of the JD.
To allow execution without depriving JD of survival necessities.
To balance creditor’s rights and debtor’s protection.
https://youtube.com/c/LAWEXPLORER
5️⃣ Case Law
✨ State of Punjab v. Kailash Nath (1989)
Salary attachment must follow the statutory limits strictly.
✨ Union of India v. Jyoti Chit Fund (1976)
Provident Fund is absolutely exempt from attachment.
https://youtube.com/c/LAWEXPLORER
❇️ Quick Revision Line
Section 60 CPC: All saleable property of the judgment-debtor is attachable except items essential for livelihood, pensions, provident fund, necessary tools and protected salary portions.
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Section 4 of CPC provides—
Anonymous Quiz
43%
A. Savings of special laws
36%
B. Application of CPC in all matters
12%
C. Execution of foreign decrees
9%
D. General definitions
❤1
🔰 Private Alienation of Property After Attachment to be Void – Short Notes (CPC, S. 64) 🔰
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🔥 General Rule:
Once a property has been attached by a Court in execution of a decree, the judgment-debtor cannot transfer or create any interest in that property.
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🔥 Effect of Transfer:
Any private sale, gift, mortgage, lease or other alienation made by the judgment-debtor after the attachment is void against all claims enforceable under the attachment.
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🔥 Purpose of the Rule:
To prevent the judgment-debtor from defeating the execution proceedings by transferring the property and frustrating the rights of the decree-holder.
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🔥 Operates Automatically:
The prohibition applies from the date of attachment, regardless of whether third parties were aware of the attachment.
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🔥 Exception – Registered Contracts (Proviso):
A transfer is not void if:
It is made in pursuance of a contract entered into before the attachment, and
The contract was registered before the date of attachment.
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🔥 Effect on Third Parties:
Purchasers from the judgment-debtor acquire no title against the decree-holder; the decree-holder can continue execution.
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🔥 Public Policy Consideration:
Ensures that court processes are not defeated by fraudulent or collusive transfers.
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🔥 General Rule:
Once a property has been attached by a Court in execution of a decree, the judgment-debtor cannot transfer or create any interest in that property.
https://youtube.com/c/LAWEXPLORER
🔥 Effect of Transfer:
Any private sale, gift, mortgage, lease or other alienation made by the judgment-debtor after the attachment is void against all claims enforceable under the attachment.
https://youtube.com/c/LAWEXPLORER
🔥 Purpose of the Rule:
To prevent the judgment-debtor from defeating the execution proceedings by transferring the property and frustrating the rights of the decree-holder.
https://youtube.com/c/LAWEXPLORER
🔥 Operates Automatically:
The prohibition applies from the date of attachment, regardless of whether third parties were aware of the attachment.
https://youtube.com/c/LAWEXPLORER
🔥 Exception – Registered Contracts (Proviso):
A transfer is not void if:
It is made in pursuance of a contract entered into before the attachment, and
The contract was registered before the date of attachment.
https://youtube.com/c/LAWEXPLORER
🔥 Effect on Third Parties:
Purchasers from the judgment-debtor acquire no title against the decree-holder; the decree-holder can continue execution.
https://youtube.com/c/LAWEXPLORER
🔥 Public Policy Consideration:
Ensures that court processes are not defeated by fraudulent or collusive transfers.
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LAW EXPLORER
This channel is an initiative for providing an aid towards legal study.
❤3