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Reading: Section 51 – Code of Civil Procedure – Powers Of Court To Enforce Execution.
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ApniLaw > Blog > CPC > Section 51 – Code of Civil Procedure – Powers Of Court To Enforce Execution.
CPC

Section 51 – Code of Civil Procedure – Powers Of Court To Enforce Execution.

Apni Law
Last updated: July 6, 2025 12:00 am
Apni Law
7 days ago
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Code

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 prison1[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.]

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Previous Article Supreme Court Grants Bail to Humayun Merchant In Money Laundering Case Writ Jurisdiction Under Article 226 Cannot Be Invoked Unless Clear Evidence Of Miscarriage Of Justice: J&K HC
Next Article Section 57 – Code of Civil Procedure – Subsistence-Allowance.
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