PART –II

EXECUTION

GENERAL

¹[36. Application to orders.— The provisions of this Code relating to the execution of decree (including provisions relating to payment under a decree) shall, so far as they are applicable, be deemed to apply to the execution of orders (including payment under an order).]

1. Substituted by Act No. 104 of 1976, w.e.f. 1^st February, 1977.

37. Definition of Court, which passed a decree.— The expression “Court which passed a decree,” or words to that effect, shall, in relation to the execution of decrees, unless there is anything repugnant in the subject or context, be deemed to include.—

(a) Where the decree to be executed has been passed in the exercise of appellate jurisdiction, the Court of first instance, and

(b) Where the Court of first instance has ceased to exist or to have jurisdiction to execute it, the Court which, if the suit wherein the decree was passed was instituted at the time of making the application for the execution of the decree, would have jurisdiction to try such suit.

¹[Explanation.—The Court of first instance does not cease to have jurisdiction to execute a decree merely on the ground that after the institution of the suit wherein the decree was passed or after the passing of the decree, any area has been transferred from the jurisdiction of that Court to the jurisdiction of any other Court; but in every such case, such other Court shall also have jurisdiction to execute the decree, if at the time of making the application for execution of the decree it would have jurisdiction to try the said suit.]

1. Inserted by Act No. 104 of 1976, w.e.f. 1st February, 1977.

COURTS BY WHICH DECREES MAY BE EXECUTED

38. Court by which decree may be executed.— A decree may be executed either by the Court which passed it, or by the Court to which it is sent for execution.

39. Transfer of decree.—(1) The Court which passed a decree may, on the application of the decree-holder, send it for execution to another Court ¹[of competent jurisdiction].—

(a) If the person against whom the decree is passed actually and voluntarily resides or carries on business, or personally works for gain, within the local limits of the jurisdiction of such other Court, or

(b) If such person has not property within the local limits of the jurisdiction of the Court which passed the decree sufficient to satisfy such decree and has property within the local limits of the jurisdiction of such other Court, or

(c) If the decree directs the sale or delivery of immovable property situate outside the local limits of the jurisdiction of the Court which passed it, or

(d) If the Court which passed the decree considers for any other reason, which it shall record in writing, that the decree should be executed by such other Court.

(2) The Court which passed a decree may of its own motion send it for execution to any subordinate Court of competent jurisdiction.

²[(3) For the purposes of this Section, a Court shall be deemed to be a Court of competent jurisdiction if, at the time of making the application for the transfer of decree to it, such Court would have jurisdiction to try the suit in which such decree was passed.]

³[(4) Nothing in this section shall be deemed to authorise the Court which passed a decree to execute such decree against any person or property outside the local limits of its jurisdiction.]

1. Inserted by Act No. 104 of 1976,for certain word . w.e.f. 1st February, 1977.

2. Inserted by Act No. 104 of 1976 Sec.18. w.e.f. 1st February, 1977.

3. Inserted by Act 22 of 2002, Sec 2 (w.e.f. 1-7-2002).

40. Transfer of decree to Court in another State.—Where a decree is sent for execution in another State, it shall be sent to such Court and executed in such manner as may be prescribed by rules in force in that State.

41. Result of execution proceedings to be certified.—The Court to which a decree is sent for execution shall certify to the Court which passed it the fact of such execution, or where the former Court fails to execute the same the circumstances attending such failure.

42. Powers of Court in executing transferred decree.—¹[(1) The Court executing a decree sent to it shall have the same powers in executing such decree as if it had been passed by itself. All persons disobeying or obstructing the executing of the decree shall be punishable by such Court in the same manner as if it had passed the decree. And its order in executing such decree shall be subject to the same rules in respect of appeal as if the decree had been passed by itself.

²[(2) Without prejudice to the generality of the provisions of sub-section (1) the powers of the Court under that sub-section shall include the following powers of the Court which passed the decree, namely.—

(a) Power to send the decree for execution to another Court under Section 39;

(b) Power to execute the decree against the legal representative of the deceased judgment-debtor under Section 50;

(c) Power to order attachment of a decree.

(3) A Court passing an order in exercise of the powers specified in sub-section (2) shall send a copy thereof to the Court, which passed the decree.

(4) Nothing in this Section shall be deemed to confer on the Court to which a decree is sent for execution any of the following powers, namely.—

(a) Power to order execution at the instance of the transferee of the decree;

(b) In the case of a decree passed against a firm, power to grant leave to execute such decree against any person, other than such a person as is referred to in clause (b), or clause (c), of sub-rule (1) of Rule 50 of Order XXI.]

1. Section 42 renumbered as sub-section (1) thereof by Act No. 104 of 1976, w.e.f. 1st February, 1977.

2. Inserted by Act No. 104 of 1976, w.e.f. 1st February, 1977.

¹[43. Execution of decrees passed by Civil Courts in places to which this Code does not extend.— Any decree passed by any Civil Court established in any part of India to which the provisions of this Code do not extend, or by any Court established or continued by the authority of the Central Government outside India, may, if it cannot be executed within the jurisdiction of the Court by which it was passed, be executed in the manner herein provided within the jurisdiction of any Court in the territories to which this Code extends.]

1. Substituted by Act No. 2 of 1951, for the former Section.

¹[44. Execution of decrees passed by Revenue Courts in places to which this Code does not extend.— The State Government may, by notification in the Official Gazette, declare that the decrees of any Revenue Court in any part of India to which the provisions of this Code do not extend, or any class of such decrees, may be executed in the State as if they had been passed by Courts in that State.]

1. Substituted by Act No. 2 of 1951, for the former Section.

¹[44A. Execution of decrees passed by Courts in reciprocating territory.—(1) Where a certified copy of a decree of any of the superior Courts of ²[***] any reciprocating territory has been filed in a District Court, the decree may be executed in ⁴[India] as if it had been passed by the District Court.

(2) Together with the certified copy of the decree shall be filed a certificate from such superior Court stating the extent, if any, to which the decree has been satisfied or adjusted and such certificate shall, for the purposes of proceedings under this Section, be conclusive proof of the extent of such satisfaction or adjustment.

(3) The provisions of Section 47 shall as from the filing of the certified copy of the decree apply to the proceedings of a District Court executing a decree under this Section, and the District Court shall refuse execution of any such decree, if it is shown to the satisfaction of the Court that the decree falls within any of the exceptions specified in clauses (a) to (f) of Section 13.

³[Explanation 1.—“Reciprocating territory “means any country or territory outside India which the Central Government may, by notification in the Official Gazette, declare to be a reciprocating territory for the purposes of this Section; and “superior Courts”, with reference to any such territory, means such Courts as may be specified in the said notification.

Explanation 2.—“Decree” with reference to a superior Court means any decree or judgment of such Court under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty, but shall in no case include arbitration award, even if such an award is enforceable as a decree or judgment. ]

1. Substituted by Act No. 8 of 1937.

2. The words “the United Kingdom or” omitted by Act No. 71 of 1952.

3. Substituted by Act No. 71 of 1952 for Explanations 1 to 3.

4. Substituted by Act No. 2 of 1951, for the words “the States”.

¹[45. Execution of decrees outside India.— So much of the foregoing Sections of this Part as empowers a Court to send a decree for execution to another Court shall be construed as empowering a Court in any State to send a decree for execution to any Court established ²[***] by the authority of the Central Government ³[outside India] to which the State Government has by notification in the Official Gazette declared this Section to apply.]

1. Substituted by the A.O. 1937, for the original Section 45.

2. The words “or continued” omitted by the A.O. 1948.

3. Substituted by the A.O. 1950, for the words “in any Indian State”.

46. Precepts.—(1) Upon the application of the decree-holder the Court which passed the decree may whenever it thinks fit, issue a precept to any other Court which would be competent to execute such decree to attach any properly belonging to the judgment-debtor and specified in the precept.

(2) The Court to which a precept is sent shall proceed to attach the property in the manner prescribed in regard to the attachment of property in execution of a decree:

Provided that no attachment under a precept stall continue for more than two months unless the period of attachment is extended by an order of the Court which passed the decree or unless before the determination of such attachment the decree has been transferred to the Court by which the attachment has been made and the decree-holder has applied for an order for the sale of such property.

47. Questions to be determined by the Court executing decree.—(1) All questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the Court executing the decree and not by a separate suit.

¹[***]

(3) Where a question arises as to whether any person is or is not the representative of a party, such question shall, for the purposes of this Section, be determined by the Court.

²[Explanation I.—For the purposes of this Section, a plaintiff whose suit has been dismissed and a defendant against whom a suit has been dismissed are parties to the suit.

Explanation II.—(a) For the purposes of this Section, a purchaser of property at a sale in execution of a decree shall be deemed to be a party to the suit in which the decree is passed; and

(b) All questions relating to the delivery of possession of such property to such purchaser or his representative shall be deemed to be questions relating to the execution, discharge or satisfaction of the decree within the meaning of this Section.] WHETHER THE SPECIFIC PERFORMACE DECREE IS EXCUTABLE AFTER 6 YEARS OF DECREE, WITHOUT PAYING THE BALANCE SALE CONSIDERATION WITHIN 3 MONTHS AS DIRECTED BY DECREE OR WITHOUT ASKING FOR ENLARGEMENT OF TIME UNDER SEC.28 [1] AND [3] AND SEC.32[5] OF SPECIFIC RELIEF ACT ? NO. –2010 [5] ALT 791.

1. Sub-section (2) omitted by Act No. 104 of 1976, w.e.f. 1st February, 1977.

2. Substituted by Act No. 104, of 1976, for the former Explanation, w.e.f. 1st February, 1977.

LIMIT OF TIME FOR EXECUTION

[48. Execution barred in certain cases.—Repealed by the Limitation Act, 1963, w.e.f. 1st January, 1964.]

TRANSFEREES AND LEGAL REPRESENTATIVES

49. Transferee.— Every transferee of a decree shall hold the same subject to the equities (if any), which the judgment-debtor might have enforced against the original decree-holder.

50. Legal representative.—(1) Where a judgment-debtor dies before the decree has been fully satisfied, the holder of the decree may apply to the Court, which passed it to execute the same against the legal representative of the deceased.

(2) Where the decree is executed against such legal representative, he shall be liable only to the extent of the property of the deceased which has come to his hands and has not been duly disposed of; and, for the purpose of ascertaining such liability, the Court executing the decree may, of its own motion or on the application of the decree-holder, compel such legal representative to produce such accounts as it thinks fit.

51. Powers of Court to enforce execution.— Subject to such conditions and limitations as may be prescribed, the Court may, on the application of the decree-holder, order execution of the decree.—

(a) By delivery of any property specifically decreed;

(b) By attachment and sale or by the sale without attachment of any property;

(c) By arrest and detention in prison ¹[for such period not exceeding the period specified in Section 58, where arrest and detention is permissible under that Section];

(d) By appointing a receiver; or

(e) In such other manner as the nature of the relief granted may require:

²[Provided that, where the decree is for the payment of money, 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.

Explanation.—In the calculation of the means of the judgment-debtor for the purposes of clause (b), there shall be left out of account any property which, by or under any law or custom having the force of law for the time being in force, is exempt from attachment in execution of the decree.]

1. Inserted by Act No. 104 of 1976, w.e.f. 1st February, 1977.

2. Inserted by Act No. 21 of 1936.

52. Enforcement of decree against legal representative.—(1) Where a decree is passed against a party as the legal representative of a deceased person, and the decree is for the payment of money out of the property of the deceased, it may be executed by the attachment and sale of any such property.

(2) Where no such property remains in the possession of the judgment-debtor and he fails to satisfy the Court that he has duly applied such property of the deceased as is proved to have come into his possession, the decree may be executed against the judgment-debtor to the extent of the property in respect of which he has failed so to satisfy the Court in the same manner as if the decree had been against him personally.

53. Liability of ancestral property.— For the purposes of Section 50 and Section 52, property in the hands of a son or other descendant which is liable under Hindu law for the payment of the debt of a deceased ancestor, in respect of which a decree has been passed, shall be deemed to be property of the deceased which has come to the hands of the son or other descendant as his legal representative.

54. Partition of estate or separation of share.— Where the decree is for the partition of an undivided estate assessed to the payment of revenue to the Government, or for the separate possession of a share of such an estate, the partition of the estate or the separation of the share shall be made by the Collector or any gazetted sub-ordinate of the Collector deputed by him in this behalf, in accordance with the law (if any) for the time being in force relating to the partition, or the separate possession of shares, of such estates.

ARREST AND DETENTION

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, desire 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 ¹[may be discharged] if he has not committed any Act of bad faith regarding the subject of the application and if he complies with the provisions of the law of insolvency for the time being in force.

(4) Where a judgment-debtor express 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 ²[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.

1. Substituted by Act No. 3 of 1921, for the words “will be discharged”.

2. Substituted by Act No. 3 of 1921, for the words “shall release”.

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.

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 ¹[²[five thousand rupees], for a period not exceeding three months, and]

³[(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 lie shall be released from such detention before the expiration of the ¹[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.

⁴[(1A) 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 ⁵[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.

1. Substituted by Act No. 104 of 1976, w.e.f. 1st February, 1977.

2. Substituted by Act No. 46 of 1999 Sec 5 for "one thousand rupees" (w.e.f. 1-7-2002).

3. Substituted by Act No. 46 of 1999, Sec 5 (w.e.f. 1-7-2002).

4. Inserted by Act No.104 of 1976 Sec.22, w.e.f.1st February 1977.

5. Substituted by Act No.46 Of 1999, Sec 5. for "five hundred rupees" (w.e.f. 1-7-2002).

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 the 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 whom that Court is subordinate, oil 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.

ATTACHMENT

¹60. Property liable to attachment and sale in execution of decree.—(1) The following property is liable to attachment and sale in execution of decree, namely, lands, houses or other buildings, goods, money, bank-notes, cheques, bills of exchange, hundis, promissory notes, Government securities bonds or other securities for money, debts, shares in a corporation and, save as hereinafter mentioned, all other saleable property, movable or immovable, belonging to the 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 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 ²[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 ³[or of a local authority or of any other employer], or payable out of any service family pension fund notified in the Official Gazette by ²⁶[the Central Government or the State Government] in this behalf, and political pension;

¹(h) The wages of labourers and domestic servants, whether payable in money or in kind; ⁵[***]

⁶[(i) Salary to the extent of ⁷[ the first ⁸[one thousand rupees] and two third of the remainder] ⁹[in execution of any decree other than a decree for maintenance]:

¹⁰[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.]

¹¹[(ia) One-third of the salary in execution of any decree for maintenance;]

¹¹[(i) 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, 1957 (62 of 1957), applies;]

(k) All compulsory deposits and other sums in or derived from and fund to which the Provident Funds Act, ¹⁷[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;

¹³[(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;]

¹⁴[(l) Any allowance forming part of the emoluments of any ¹⁵[servant of the Government] or of any servant of a railway company or local authority which the ²⁶[appropriate Government] may by notification in the Official Gazette declare to be exempt from attachment, and any subsistence grant for allowance made to ¹⁶[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 ¹⁷[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.

¹⁸[Explanation I.—The moneys payable in relation to the matters mentioned in clauses (g), (h), (i), (ia), (j), (l) 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.]

¹⁹[⁸[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.]

²⁰[Explanation ²¹[III].—In clause (1) “appropriate Government” means.—

(i) As respect any ¹⁵[person] in the service of the Central Government, or any servant of ²²[a Railway Administration] or of a cantonment authority or of the port authority of a major port, the Central Government;

²³[***]

(iii) As respects any other ¹³[servant of the Government,] or a servant of any other ²⁴[***] local authority skilled the State Government.]

¹³[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 “agriculturists” 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 cash or in kind (not being as a share of the produce), or both]

¹³(1A) Notwithstanding anything contained in any other law for the time being in force, an agreement by which a person agrees to waive the benefit of any exemption under this Section shall be void.]

(2) Nothing in this Section shall be deemed ²⁵[***] to exempt houses and other buildings (with the materials and the sites thereof and the lands 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

²⁵[***]

1. For Amendments to sec.60,in its application to East Punjab, see the Punjab Relief of Indebtedness Act, 1934.(Punjab Act 7 of 1934,Sec 35 as Amendments

By Punjab Act 12 of 1940 and 6 of 1942).

2. Substituted by Act No. 104 of 1976, for the words “an agriculturist”, w.e.f. 1^st February, 1977.

3. Inserted by Act No. 104 of 1976, w.e.f. 1^st February, 1977.

4. Substituted by Act No. 9 of 1937, for the former clauses. (h) and (i). The amendments made by that Section have no effect in respect of any proceedings arising out of a suit instituted before 1st. June, 1937.

5. The words “and salary, to the extent of the first hundred rupees and one-half the remainder of such salary” omitted by Act No. 5 of 1943.

6. Substituted by Act No. 5 of 1943, for the former clause and proviso.

7. Substituted by Act No. 26 of 1963, for the words “the first hundred respects”.

8. Substituted by Act No. 46 of 1999, Sec 6 for "four hundred rupees'' (w.e.f. 1-7-2002).

9. Inserted by Act No. 66 of 1956.

10. Substituted by Act No. 104 of 1976, for the proviso, w.e.f. 1st February, 1977.

11. Substituted by Act No. 104 of 1976, for clause (j), w.e.f. 1st February, 1977.

12. Substituted by Act No. 9 of 1937, for the figures “1897”.

13. Inserted by Act No. 104 of 1976, w.e.f. 1st February, 1977.

14. Substituted by Act No. 9 of 1937, for the original clause.

15. Substituted by Act No. 5 of 1943 for the words “public officer”

16. Substituted by Act No. 5 of 1943, for the words “any such officer or servant”.

17. Substituted by the A.O. 1937, for the words and figures “any law passed under the Indian Councils Acts, 1861 and 1892”.

18. Substituted by Act No. 104 of 1976, for Explanation I, w.e.f. 1st February, 1977.

19. Inserted by Act No. 9 of 1937 for the former clauses (h) and (i). The amendments made by that Section have no effect in respect of any proceedings arising out of a suit instituted before 1st June 1937.

20. Inserted by the A.O. 1937.

21. Substituted by Act No. 104 of 1976, for the figure “3”, w.e.f. 1st February, 1977.

22. Substituted by the A.O. 1950, for the words “a Federal Railway”.

23. Clause (ii) omitted by the A.O. 1948.

24. The word “railway or” omitted by the A.O. 1950.

25. The letter and brackets “(a)” the word “or” and clause (b) repealed by Act No. 10 of 1914.

26. Substituted by the A.O. 1937, for the words “the G.G. in C.”

61. Partial exemption of agricultural produce.—The State Government ¹[***] 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 for 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 execution of a decree.

1. The words “with the previous sanction of the G.G. in C”, omitted by Act No. 38 of 1920.

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 and 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.

¹[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.]

1. Inserted by Act No. 104 of 1976, w.e.f. 1st February, 1977.

64. Private alienation of property after attachment to be void.— ¹[(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.

¹[(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.

1. Sec 64 renumbered as sub-section (1) and sub-section (2) inserted by Act 22 of 2002, Sec. 3 (w.e.f. 1-7-2002).