Code of Civil Procedure, 1908: Sections 41 to 80
This page provides a structured guide to Sections 41 to 80 of the Code of Civil Procedure, 1908 (CPC). These provisions mainly deal with execution of decrees, attachment and sale of property, distribution of execution-sale proceeds, resistance to execution, commissions, and suits by or against the Government.
Execution of Decrees: Sections 41 to 67
Sections 40-41: Transfer of decree to another State and certification of execution proceedings
Read the provisions relating to transfer of decrees and certification of the result of execution proceedings.
Sections 42-43: Powers of executing Court and execution of decrees from certain Civil Courts
Explains the powers of a Court executing a transferred decree and execution of decrees passed by Civil Courts in places to which the CPC does not extend.
Sections 44-44A: Revenue Court decrees and decrees from reciprocating territories
Covers execution of certain Revenue Court decrees and execution of decrees passed by superior Courts in reciprocating territories.
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Sections 45-46: Execution outside India and precepts
Deals with execution of decrees outside India and the power of a Court to issue a precept.
Sections 47, 49 and 50: Execution questions, transferees and legal representatives
Section 47 concerns questions to be determined by the executing Court. Section 48 is repealed. Sections 49-50 deal with transferees and legal representatives.
Sections 51-52: Modes of enforcing execution and decrees against legal representatives
Covers the Court's powers to enforce execution and enforcement of a decree against a legal representative.
Sections 53-54: Ancestral property and partition of estate or separation of share
Addresses liability of ancestral property and partition of an estate or separation of a share in specified circumstances.
Sections 55-56: Arrest, detention and protection of women in money-decree execution
Covers arrest and detention in execution and the statutory prohibition concerning arrest or detention of women in execution of a decree for payment of money.
Sections 57-58: Subsistence allowance, detention and release
Explains subsistence allowance and statutory limits governing detention and release in execution proceedings.
Sections 59-60: Release on illness and property liable to attachment and sale
Covers release on the ground of illness and the important rules on property liable to attachment and sale in execution of a decree.
Sections 61-62: Agricultural produce and seizure of property in a dwelling-house
Deals with partial exemption of agricultural produce and safeguards relating to seizure of property in a dwelling-house.
Sections 63-64: Multiple attachments and private alienation after attachment
Covers property attached in execution of decrees of several Courts and the legal effect of private alienation after attachment.
Sections 65-67: Purchaser's title and rules for sales of land in execution
Section 65 concerns the purchaser's title; Section 66 is repealed; Section 67 empowers State Governments to make rules regarding specified sales of land in execution of decrees for payment of money.
Repealed CPC Sections 68 to 72
Sections 68-72 Repealed
The former group concerning delegation to Collectors of powers to execute certain decrees against immovable property was repealed by the Code of Civil Procedure (Amendment) Act, 1956. These sections should not be presented as currently operative central CPC provisions.
Distribution of Assets and Resistance to Execution: Sections 73-74
Sections 73-74: Rateable distribution of assets and resistance to execution
Section 73 regulates rateable distribution of assets in qualifying execution proceedings, while Section 74 deals with resistance to execution.
Commissions: Sections 75 to 78
Sections 75-76: Power to issue commissions and commissions to another Court
Covers the Court's statutory power to issue commissions and transmission of commissions to another Court.
Sections 77-78: Letters of request and commissions issued by foreign Courts
Deals with letters of request and execution and return of qualifying commissions issued by or at the instance of specified Courts outside the ordinary territorial operation of the Code.
Suits by or Against Government: Sections 79 to 80
Sections 79-80: Suits by or against Government and statutory notice
Section 79 specifies the authority to be named in suits by or against Government. Section 80 regulates prior notice for specified suits against Government or public officers, subject to the statutory exception for urgent or immediate relief.
This page is a general legal information index. State amendments and local procedural rules may affect application in a particular jurisdiction.