Modes of Execution : Resistance to Execution : Determination of Execution Matters: Attachable & Non-Attachable Property

Preliminary Note

The law regarding the execution of decrees is primarily contained in Sections 36 to 74 and Order XXI of the Civil Procedure Code (CPC), 1908. These provisions govern the procedures, powers, and limitations of courts in enforcing civil decrees.

Relevant Provisions & Procedure of Attachment

1. Commencement
Execution begins when the decree-holder files an application under Order XXI Rule 10 CPC.

2. Notice Requirement
No notice is required except in these cases under Order XXI Rule 22 CPC:
a) Application made after 1 year;
b) Against legal representatives;
c) Under Section 44-A CPC.

3. Decree Finality

Latif v. Nadir Khan [PLD 1968 Lah 144]:
The court cannot go behind the decree; it must execute it as it stands.

4. Limitation

• First application: within 3 years (Art. 181, Limitation Act)

• Subsequent applications: within 6 years (Section 48 CPC)

• If no application within 3 years, Section 48 is not available.

5. Modes of Execution (Section 51 CPC)
a) Delivery of specific property (O. XXI R. 31, 35, 36)
b) Attachment and/or sale (S. 60–67, O. XXI R. 41–96)
c) Arrest and detention (S. 55–58, O. XXI R. 30–40)
d) Appointment of receiver
e) Other lawful means as required

6. Resistance to Execution
Under Section 74 CPC & O. XXI R. 97–103:

• Court may order up to 30 days' simple imprisonment

• May direct police assistance

• Rules 97–103 lay down the procedure in case of resistance

Determination of Execution Matters (Section 47 CPC)

1. Competence
Only the executing court may decide questions arising during execution.

2. Conditions
a) Must be between parties or legal reps
b) Must relate to the same suit
c) Must concern execution, discharge, or satisfaction
d) Must be decided in execution, not via a new suit

Attachable & Non-Attachable Property (Section 60 CPC)

1. Liable to Attachment
Includes:

• Land, buildings, goods, money

• Bank-notes, cheques, hundis

• Promissory notes, bonds, securities

• Debts, shares, and saleable movable/immovable property

2. Exempt from Attachment
Includes:

• Necessary clothing, utensils, beds, and personal religious ornaments

• Artisan tools, agricultural tools, cattle, and seed-grain

• Houses occupied by agriculturists

• Books of account

• Right to sue for damages, personal service

• Pensions, gratuities, wages of laborers

• Protected salary portion

• Army/Navy allowances

• Provident funds and declared exemptions

• Future maintenance rights

• Government-declared exempt allowances

• Property exempt under land revenue laws

Note: Property may still be attachable for rent-related decrees on that same property.

Conclusion

Execution provisions under Sections 36–74 and Order XXI CPC ensure enforcement of civil decrees with fairness and efficiency. The executing court’s authority is confined to executing the decree without questioning its merits. Section 47 CPC prevents unnecessary litigation by consolidating execution-related disputes within the same proceedings. Lastly, Section 60 CPC balances the rights of the decree-holder with the judgment-debtor’s dignity and livelihood.