Section 51 of The Code of Civil Procedure, 1908
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.]
Summary
- This section lists the specific powers a court has to make sure its judgments are followed.
- The court can order the delivery of specific property that was named in the judgment.
- It can order the attachment, which means legally freezing, and the sale of any property.
- It can order the arrest and detention of the debtor in a civil prison for a limited time.
- It can appoint a neutral person, called a receiver, to manage or sell property.
- For judgments involving money, the court must follow strict rules before sending someone to prison.
Practical examples
FAQ
1. What are the main modes of execution in Section 51 of The Code of Civil Procedure, 1908?
Under Section 51 of the Code of Civil Procedure, 1908, the court can deliver property, attach and sell property, arrest the debtor, or appoint a receiver to manage assets.
2. Can a person be jailed for not paying a bill under Section 51 of The Code of Civil Procedure, 1908?
Under Section 51 of the Code of Civil Procedure, 1908, detention is possible if the debtor is obstructing the court, likely to flee, or has the means to pay but refuses.
3. What is a receiver in Section 51 of The Code of Civil Procedure, 1908?
Under Section 51 of the Code of Civil Procedure, 1908, a receiver is an official appointed by the court to take control of property and use its income to pay off a decree.
4. Does the court need a reason to jail someone under Section 51 of The Code of Civil Procedure, 1908?
Yes, under Section 51 of the Code of Civil Procedure, 1908, the court must record its reasons in writing and be satisfied that the debtor is acting in bad faith.
Test yourself
1.Which of the following is NOT listed as a power of the Court under Section 51 of The Code of Civil Procedure, 1908?
2.Under Section 51 of The Code of Civil Procedure, 1908, what is required before a debtor is committed to prison for a money decree?
3.When is arrest permitted for a money decree under Section 51 of The Code of Civil Procedure, 1908?
4.According to Section 51 of The Code of Civil Procedure, 1908, detention is allowed if the debtor has the means to pay but: