Free Judiciary Notes · CPC Notes
CPC Sec.55-74
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55. ARREST AND DETENTION
1. A judgment-debtor may be arrested in execution of a decree at any hour and on any day, and shall, as soon as practicable, be brought before the Court, and his detention may be in the civil prison of the district in which the Court ordering the detention is situate, or, where such civil prison does not afford suitable accommodation, in any other place which the State Government may appoint for the detention of persons ordered by the Courts of such district to be detained:
Provided, firstly, that, for the purpose of making an arrest under this section, no dwelling-house shall be entered after sunset and before sunrise:
Provided, secondly, that no outer door of a dwelling-house shall be broken open unless such dwelling-house is in the occupancy of the judgment-debtor and he refuses or in any way prevents access thereto, but when the officer authorised to make the arrest has duly gained access to any dwelling-house, he may break open the door of any room in which he has reason to believe the judgment-debtor is to be found:
Provided, thirdly, that, if the room is in the actual occupancy of a woman who is not the judgment-debtor and who according to the customs of the country does not appear in public, the officer authorised to make the arrest shall give notice to her that she is at liberty to withdraw, and, after allowing a reasonable time for her to withdraw and giving her reasonable facility for withdrawing, may enter the room for the purpose of making the arrest:
Provided, fourthly, that, where the decree in execution of which a judgment-debtor is arrested, is a decree for the payment of money and the judgment-debtor pays the amount of the decree and the costs of the arrest to the officer arresting him, such officer shall at once release him.
2. The State Government may, by notification in the Official Gazette, declare that any person or class of persons whose arrest might be attended with danger or inconvenience to the public shall not be liable to arrest in execution of a decree otherwise, than in accordance with such procedure as may be prescribed by the State Government in this behalf.
3. Where a judgment-debtor is arrested in execution of a decree for the payment of money and brought before the Court, the Court shall inform him that he may apply to be declared an insolvent, and that he may be discharged, if he has not committed any act of bad faith regarding the subject of the application and if he complies with provisions of the law of insolvency for the time being in force.
4. Where a judgment-debtor expresses his intention to apply to be declared an insolvent and furnishes security, to the satisfaction of the Court, that he will within one month so apply, and that he will appear, when called upon, in any proceeding upon the application or upon the decree in execution of which he was arrested, the Court may release him from arrest, and, if he fails so to apply and to appear, the Court may either direct the security to be realised or commit him to the civil prison in execution of the decree.
A judgment-debtor is arrested in execution of a decree for the payment of money and the Judgment-debtor pays the amount of the decree and the costs of the arrest to the officer arresting him, such officer—
a. Shall send the judgment-debtor to civil prison
b. Shall take judgment-debtor to the court
c. Shall at once release him
d. Shall release him after taking security from him
Ans. (c)
Arrest of a person in execution of a decree has been provided
a. Under Section 53 of the Code of Civil Procedure
b. Under Section 54 of the Code of Civil Procedure
c. Under Section 56 of the Code of Civil Procedure
d. Under Section 55 of the Code of Civil Procedure
Ans. (d)
56. PROHIBITION OF ARREST OR DETENTION OF WOMEN IN EXECUTION OF DECREE FOR MONEY
Notwithstanding anything in this Part, the Court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money.
Which section of Civil Procedure Code prohibits arrest or detention of women in the execution of decree for money?
a. Section 55
b. Section 56
c. Section 59
d. Section 60
Ans. (b)
Under the Code of Civil Procedure, 1908, no women shall be arrested and detained in civil prison in the matter regarding to the decree relates to:
a. Family disputes
b. Matrimonial disputes
c. Legitimacy of children disputes
d. Payment of money disputes
Ans. (d)
Who can be arrested in execution of a decree:
a. A man
b. A woman
c. A Minor
d. All of these
Ans. (a)
57. SUBSISTENCE ALLOWANCE
The State Government may fix scales, graduated according to rank, race and nationality, of monthly allowances payable for the subsistence of judgment-debtors.
58. DETENTION AND RELEASE
1. Every person detained in the civil prison in execution of a decree shall be so detained,
a. where the decree is for the payment of a sum of money exceeding five thousand rupees, for a period not exceeding three months, and
b. where the decree is for the payment of a sum of money exceeding two thousand rupees, but not exceeding five thousand rupees, for a period not exceeding six weeks:
Provided that he shall be released from such detention before the expiration of the said period of detention-
i. on the amount mentioned in the warrant for his detention being paid to the officer in charge of the civil prison, or
ii. on the decree against him being otherwise fully satisfied, or
iii. on the request of the person on whose application he has been so detained, or
iv. on the omission by the person, on whose application he has been so detained, to pay subsistence allowance:
Provided, also, that he shall not be released from such detention under clause (ii) or clause (iii), without the order of the Court.
(1-A) For the removal of doubts, it is hereby declared that no order for detention of the judgment-debtor in civil prison in execution of a decree for the payment of money shall be made, where the total amount of the decree does not exceed two thousand rupees.
2. A judgment-debtor released from detention 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.
Under section 58 of CPC, a person detained shall be released from the detention on the amount mentioned in the warrant of his detention being paid to:
a. The officer appointed by the court
b. The court
c. The officer in charge of the civil prison
d. None of the above
Ans. (c)
No order for detention of the judgment debtor in civil prison in execution of a decree for the payment of money shall be made where the total amount of the decree does not exceed
a. Five hundred rupees
b. One hundred rupees
c. Two thousand rupees
d. Five thousand rupees
Ans. (c)
According to Section 58 of Code of Civil Procedure no detention in civil imprisonment can be ordered if the decree is for a payment of amount:
a. Not exceeding Rs. 500
b. Not exceeding Rs. 1000
c. Not exceeding Rs. 1,500
d. Not exceeding Rs. 2,000
e. None of these
Ans. (d)
59. RELEASE ON GROUND OF ILLNESS
1. At any time after a warrant for the arrest of a judgment-debtor has been issued the Court may cancel it on ground of his serious illness.
2. Where a judgment-debtor has been arrested, the Court may release him if, in its opinion, he is not in a fit state of health to be detained in the civil prison.
3. Where a judgment-debtor has been committed to the civil prison, he may be released therefrom, -
a. by the State Government, on the ground of the existence of any infectious or contagious disease, or
b. by the committing Court, or any Court to which that Court is subordinate, on the ground of his suffering from any serious illness.
4. A judgment-debtor released under this section may be re-arrested, but the period of his detention in the civil prison shall not in the aggregate exceed that prescribed by section 58.
At any time after a warrant for the arrest of a judgment debtor has been issued, the court may cancel it on the ground:
a. that he is not in a fit state of health to be detained in prison.
b. that he is seriously ill.
c. both (a) and (b)
d. only the State Government has the power to release
Ans. (a)
Where a judgment-debtor has been committed to the civil prison, he may be released therefrom:
a. By the State Government on the ground of the existence of any infectious disease
b. By the committing Court or any Court to which that Court is subordinate on ground of serious illness
c. By the State Government on the ground of the existence of any contagious disease
d. All the above
Ans. (d)
60. PROPERTY LIABLE TO ATTACHMENT AND SALE IN EXECUTION OF DECREE
1. The following property is liable to attachment and sale in execution of a decree, namely, lands, houses or other buildings, goods, money, banknotes, cheques, bills of exchange, hundis, promissory notes, Government securities, bonds or other securities for money, debts, shares in corporation and, save as hereinafter mentioned, all other saleable property, movable or immovable, belonging to the judgment-debt 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 the judgment- debtor or by another person in trust for him or on his behalf
Provided that the following particulars shall not be liable to such attachment or sale, namely: -
a. the necessary wearing-apparel, cooking vessels, beds and bedding of the 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 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 as may have been declared to be free from liability under the provisions of the next following section;
c. houses and other buildings (With the materials and the sites thereof and the land immediately appurtenant thereto and necessary for their enjoyment) 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 the government or of a local authority or of any other employer or payable out of any service pension fund notified in the Official Gazette by the Central Government or the State government in this behalf, and political pension;
h. the wages of labourers and domestic servants, whether payable in money or in kind
i. salary to the extent of the first one thousand rupees and two third of the remainder in execution of any decree other than a decree for maintenance.
Provided that where any part of such portion of the salary as is liable to attachment has been under attachment, whether continuously or intermittently, for a total period of twenty-four months, such portion shall be exempt from attachment until the 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;
c. the pay and allowances of persons to whom the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act (62 of 1957), applies;]
d. all compulsory deposits and other sums in or derived from and fund to which the Provident Funds Act,1925, (19 of 1925)], for the time being applies in so far as they are declared by the said Act not to be liable to attachment;
(ka) all deposits and other sums in or derived from any fund to which the Public Provident Fund Act, 1968 (23 of 1968) for the time being applies in so far as they are declared by the said Act as not to be liable to attachment;
(kb) all moneys payable under a policy of insurance on the life of the judgment-debtor;
(kc) the interest of a lessee of a residential building to which the provisions of law for the time being in force relating to control of rents and accommodation apply;
l. any allowance forming part of the emoluments of any servant of the Government or of any servant of a railway company or local authority which the appropriate Government may by notification in the Official Gazette declare to be exempt from attachment, and any subsistence grant for allowance made to any such servant while under suspension;
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 Indian 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, under any law for the time being applicable to him, is exempt from sale for the recovery of an arrear of such revenue.
EXPLANATION I
The moneys payable in relation to the matters mentioned in clauses (g), (h), (i), (ia), (j), (1) and (o) are exempt from attachment or sale, whether before or after they are actually payable, and, in the case of salary, the attachable portion thereof is liable to attachment, whether before or after it is actually payable.
EXPLANATION II
In clauses (1) and (ia)], "salary" means the total monthly emoluments, excluding any allowance declared exempt from attachment under the provisions of clause (1) derived by a person from his employment whether on duty or on leave.
EXPLANATION III
In Clause (1), "appropriate Government" means-
i. as respect any person in the service of the Central Government, or any servant of a Railway Administration] or of a cantonment authority or of the port authority of a major port, the Central Government;
ii. [***]
iii. as respects any other servant of the Government or a servant of any other 25[***] local authority, the State Government.]
EXPLANATION IV
For the purposes of this proviso, "wages", includes bonus, and “labourer" includes a skilled, unskilled or semi- skilled labourer.
EXPLANATION V
For the purposes of this proviso, the expression "agriculturist" means a person who cultivates land personally and who depends for his livelihood mainly on the income from agricultural land, whether as owner, tenant, partner or agricultural labourer.
EXPLANATION VI
For the purposes of Explanation V, an agriculturist shall be deemed to cultivate land personally, if he cultivates land-
a. by his own labour, or
b. by the labour of any member of his family, or
c. by servants or labourers on wages payable in case or in kind (not being as a share of the produce), or both.
(1-A) Notwithstanding anything contained in any other law for the time being in force, an agreement by which a person agrees to waive the benefit on any exemption under this section shall be void.
2. Nothing in this section shall be deemed to exempt houses and other buildings (with the materials and the sites thereof and the land immediately appurtenant thereto and necessary for their enjoyment) from attachment or sale in execution of decrees for rent of any such house, building, site or land,
Under section 60 of Civil Procedure Code which of the following properties is not liable to attachment and sale in execution of a decree?
a. Negotiable instruments
b. Houses or other buildings
c. Government Securities
d. Any right of personal services
Ans. (d)
In execution of a decree, other than a decree for maintenance, passed against A, what shall be the attachable portion, if his salary is Rs. 10,000 per month?
a. Rs. 3,333
b. Rs. 5,000
c. Rs: 3,000
d. Rs. 6,666
Ans. (c)
Under Civil Procedure Code, 1908, which one of the properties cannot be attached in execution of a decree?
a. Books of Account
b. Land
c. Bank Notes
d. Cheques
Ans. (a)
Under C.P.C. which one of the following is liable to attachment and sale in execution of a decree?
a. Necessary wearing apparel
b. Promissory Notes
c. Tools of artisans
d. Books of accounts
Ans. (b)
Which of the following properties cannot be attached in execution of a decree:
a. Penricus
b. Promissory notes
c. House or other building
d. Hundi
Ans. (a)
Which of the following properties are liable to attachinlent and sale in execution of a decree under Section 60 of the Civil Procedure Code?
a. Bank Notes, Cheques and Bill of Exchange
b. Cooking: vessels, Beds & Wearing apparels
c. Books of Accounts
d. Stipends and Gratuity
Ans. (a)
Whether necessary wearing apparel are liable for attachment in execution of a decree?
a. Yes
b. No
c. Discretion of court
d. None of the above.
Ans. (b)
In execution of a decree for the maintenance, Salary of a person can be attached to the extent of
a. one-fourth
b. one-third
c. two-third
d. one-half
Ans. (b)
How much salary of a person can be attached in execution of a decree for maintenance?
a. First one thousand rupees and 1/3 of the remainder
b. First one thousand rupees and 2/3 of the remainder
c. 2/3 of the salary
d. 1/3 of the salary
Ans. (d)
Which of the following kinds of property is not liable to attachment and sale in execution of a decree?
a. Money
b. Shares
c. Land
d. Personal ornaments, which cannot be parted by any woman.
Ans. (d)
61. PARTIAL EXEMPTION OF AGRICULTURAL PRODUCE
The State Government may, by general or special order published in the Official Gazette, declare that such portion of agricultural produce, or of any class of agricultural produce, as may appear to the State Government to be necessary for the purpose of providing until the next harvest the due cultivation of the land and for the support of the judgment-debtor and his family, shall, in the case of all agriculturists or of any class of agriculturists, be exempted from liability to attachment or sale in exaction of a decree.
62. SEIZURE OF PROPERTY IN DWELLING-HOUSE
1. No person executing any process under this Code directing or authorizing seizure of movable property shall enter any dwelling-house after sunset and before sunrise.
2. No outer door of a dwelling-house shall be broken open unless such dwelling-house is in the occupancy of the judgment-debtor and he refuses or in any way prevents access thereto, but when the person executing any such process has duly gained access to any dwelling-house, he may break open the door of any room in which he has reason to believe any such property to be.
3. Where a room in a dwelling-house is in the actual occupancy of a woman who, according to the customs of the country, does not appear in public, the person executing the process shall give notice to such woman that she is at liberty to withdraw; and, after allowing reasonable time for her to withdraw and giving her reasonable facility for withdrawing, he may enter such room for the purpose of seizing the property, using at the same time every precaution, consistent with these provisions, to prevent its clandestine removal.
63. PROPERTY ATTACHED IN EXECUTION OF DECREES OF SEVERAL COURTS
1. Where property not in the custody of any Court is under attachment in execution of decrees of more Courts than one, the Court which shall receive or realize such property and shall determine any claim thereto any objection to the attachment thereof shall be the court of highest grade, or where there is no difference in grade between such Courts, the court under whose decree the property was first attached.
2. Nothing in this section shall be deemed to invalidate any proceeding taken by a Court executing one of such decrees.
EXPLANATION
For the purposes of sub-section (2), "proceeding taken by a Court" does not include an order allowing, to a decree-holder who has purchased property at a sale held in execution of a decree, set off to the extent of the purchase price payable by him.
64. PRIVATE ALIENATION OF PROPERTY AFTER ATTACHMENT TO BE VOID
1. Where an attachment has been made, any private transfer or delivery of the property attached or of any interest therein and any payment to the judgment-debtor of any debt, dividend or other monies contrary to such attachment, shall be void as against all claims enforceable under the attachment.
2. Nothing in this section shall apply to any private transfer or delivery of the property attached or of any interest therein, made in pursuance of any contract for such transfer or delivery entered into and registered before the attachment.
EXPLANATION
For the purposes of this section, claims enforceable under an attachment include claims for the rateable distribution of assets.
Private alienation of property after attachment of the same is—
a. Voidable at the option of the decree holder
b. Voidable at the option of the judgement debtor
c. Void ab initio
d. Void as against all claims enforceable under the attachment
Ans. (d)
65. PURCHASER'S TITLE
Where immovable property is sold in execution of a 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.
Where immovable property is sold in execution of a decree and such sale has become absolute, the property shall be deemed to have vested in the purchaser from the time:
a. when the sale becomes absolute
b. when the property is sold
c. when the purchaser acquires possession
d. depends on the court
Ans. (b)
66. SUIT AGAINST PURCHASER NOT MAINTAINABLE ON GROUND OF PURCHASE BEING ON BEHALF OF PLAINTIFF
Rep. by Benami Transactions (Prohibition) Act,1988(w.e.f 19-05-1998)
67. POWER FOR STATE GOVERNMENT TO MAKE RULES AS TO SALES OF LAND IN EXECUTION OF DECREES FOR PAYMENT OF MONEY
1. TheStateGovernment may, by notification in the Official Gazette, make rules for any local area imposing conditions in respect of the sale of any class of interests in land in execution of decrees for the payment of money, where such interests are so uncertain or undermined as, in the opinion of the State Government to make it impossible to fix their value.
2. When on the date on which this Code came into operation in any local area, any special rules as to sale of and in execution of decrees were in force therein, the State Government may, by notification in the Official Gazette, declare such rules to be in force, or may by a like notification, modify the same.
Every notification issued in the exercise of the powers conferred by this sub-section shall set out the rules so continued or modified.
3. Every rule made under this section shall be laid, as soon as may be after it is made, before the State Legislature.
68-72. REPEALED
73. PROCEEDS OF EXECUTION-SALE TO BE RATEABLY DISTRIBUTED AMONG DECREE-HOLDERS
1. Where assets are held by a Court and more persons than one have, before the receipt of such assets, made application to the Court for the execution of decrees for the payment of money passed against the same judgment- debtor and have not obtained satisfaction thereof, the assets, after deducting the costs of realization, shall be rateably distributed among all such persons:
Provided as follows: -
a. where any property is sold subject to a mortgage or charge, the mortgage or incumbrancer shall not be entitled to share in any surplus arising from such sale;
b. where any property liable to be sold in execution of a decree is subject to a mortgage or charges the Court may, with the consent of the mortgagee or incumbrancer, order that the property be sold free from the mortgage or charge, giving to the mortgagee or incumbrancer the same interest in the proceeds of the sale as he had in the property sold;
c. where any immovable property is sold in execution of a decree ordering its sale for the discharge of an incumbrance thereon, the proceeds of sale shall be applied-
first, in defraying the expenses of the sale;
secondly, in discharging the amount due under the decree;
thirdly, in discharging the interest and principal moneys due on subsequent incumbrances (if any); and
fourthly, rateably among the holders of decrees for the payment of money against the judgment debtor, who have, prior to the sale of the property, applied to the Court which passed the decree ordering such sale for execution of such decrees, and have not obtained satisfaction thereof.
2. Where all or any of the assets liable to be rateably distributed under this section are paid to a person not entitled to receive the same, any person so entitled may sue such person to compel him to refund the assets.
3. Nothing in this section affects any right of the Government.
The assets held to be not available for the rateable distribution under Section 73 of the Code of Civil Procedure:
a. Sale proceeds realised from auction sale
b. Deposit made by a defaulting purchaser
c. Money realised in execution of decree
d. Deposit of earnest money
Ans. (d)
74. RESISTANCE TO EXECUTION
Where the Court is satisfied that the holder of a decree for the possession of immovable property or That the purchaser of the immovable property sold in execution of a decree, has been resisted or obstructed in obtaining possession of the property by the judgment-debtor or some person on his behalf and that such resistance or obstruction was without any just cause, the court may, at the instance of the decree-holder or purchaser, order the judgment-debtor or such other person to be detained in the civil prison for a term which may extend to thirty days and may further direct that the decree-holder or purchaser be put into possession of the property.