Code

CPC [68]Power to prescribe rules for transferring to collector execution of certain decrees.] —
Rep. by the Code of Civil Procedure (Amendment) Act, 1956 (66 of 1956), s. 7.

Great 👍 — you’re pointing to the old Section 68 CPC (before the 1956 amendment), which dealt with the power to transfer execution of certain decrees to the Collector. That section was repealed in 1956. Let’s structure it in the ApniLaw SEO format for clarity and historical reference:

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Section 68 CPC – Power to Prescribe Rules for Transferring to Collector Execution of Certain Decrees (Repealed)

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Code (Before Repeal)

68. [Power to prescribe rules for transferring to Collector execution of certain decrees.]
— Repealed by the Code of Civil Procedure (Amendment) Act, 1956 (66 of 1956), Section 7.

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Explanation (Before Repeal)

Originally, Section 68 CPC empowered the State Government to make rules regarding the transfer of certain types of execution proceedings (mainly involving land revenue and agricultural estates) to the Collector instead of being handled by civil courts.

• This was particularly relevant for revenue-paying estates or agricultural lands, where execution required specialized knowledge of local revenue laws.
• The provision allowed civil courts to rely on the Collector’s machinery for partition, sale, or recovery of such estates.

However, this section was found unnecessary and overlapping with other provisions. As part of streamlining, it was repealed in 1956 by Act 66 of 1956.

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Position After Repeal

• The present Section 68 CPC (post-1956 amendment) now deals with the power of State Government to make rules regarding sale of uncertain land interests (the one you shared earlier).
• Matters relating to transfer to Collector are now covered under Section 54 CPC (Partition of estate or separation of share) and connected provisions.

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Illustration

Earlier: If a decree was passed for the sale of a large zamindari estate, the execution could be transferred to the Collector, who would conduct the sale in accordance with revenue laws.

Now: Such matters are regulated by Section 54 CPC and revenue codes, not by Section 68.

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Common Questions & Answers

Q1. What did old Section 68 CPC provide?
👉 It allowed rules to be made for transferring execution of certain decrees (like land-related decrees) to the Collector.

Q2. Why was Section 68 CPC repealed?
👉 To remove duplication and streamline execution law. The powers were redistributed to Section 54 CPC and State-specific rules.

Q3. What is Section 68 CPC now?
👉 After the 1956 amendment, Section 68 CPC deals with State Government rules regarding sale of uncertain land interests.