Section 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 sale without attachment of any property ;
(c) by arrest and detention in prison ;
(d) by appointing a receiver ; or
(e) in such other manner as the nature of the relief granted may require: 3 [
Provided that, 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,
1 Subs. by the Law Reform Ordinance, No. XII of 1972, s. 2 and Sch. 2 Subs. by the Code of Civil Procedure (Amdt.) Act No. XXXIV of 1940, s. 3. 3
Proviso and
Explanation were ins. by the Code of Civil Procedure (Amdt.) Act No. XXI of 1936, s. 2. 4 The words and commas, “where the decree is for the payment of money,” were omitted by the Code of Civil Procedure (Amdt.) Ordinance, No. X of 1980), s. 4.
(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.]
(a) by delivery of any property specifically decreed;
(b) by attachment and sale or by sale without attachment of any property ;
(c) by arrest and detention in prison ;
(d) by appointing a receiver ; or
(e) in such other manner as the nature of the relief granted may require: 3 [
Provided that, 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,
1 Subs. by the Law Reform Ordinance, No. XII of 1972, s. 2 and Sch. 2 Subs. by the Code of Civil Procedure (Amdt.) Act No. XXXIV of 1940, s. 3. 3
Proviso and
Explanation were ins. by the Code of Civil Procedure (Amdt.) Act No. XXI of 1936, s. 2. 4 The words and commas, “where the decree is for the payment of money,” were omitted by the Code of Civil Procedure (Amdt.) Ordinance, No. X of 1980), s. 4.
(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.]