UNIVERSITY INSTITUTE OF LEGAL STUDIES

General Rules of Sale in

Execution of decree Order 21
Rule 64-73

Submitted by:-
Submitted to:-

Dr. Karan Jawanda

Dishant Mittal

Assistant Professor, Uils, 130/15 (13754)

Panjab University. Section C

B.com L.L.B

THE CODE OF CIVIL PROCEDURE, 1908 Page 1

 Acknowledgement

Success is a blend of multiple efforts. The final import of this project is also a
result of the sheer hard work and constant support of many people. I would like to
take this opportunity to thank all of them.

To begin with, I would like to express my humble gratitude to my teacher, DR.

KARAN JAWANDA, for her able guidance and mentoring. The meticulous manner
in which she teaches has paid significantly in the completion of this project.

Secondly, I would like to thank my department, University Institute of Legal

Studies, Panjab University, Chandigarh, for providing such an expansive library
which provided me all the relevant material required for this project.

Last but not the least, I would like to express my profound gratitude to my
parents and my friends who have constantly supported and motivated me
throughout this project.

Dishant Mittal

THE CODE OF CIVIL PROCEDURE, 1908 Page 2

 Table of Contents
Acknowledgement...........................................................................................................................2

Table of Contents.............................................................................................................................3

Table of Cases..................................................................................................................................4

INTRODUCTION...........................................................................................................................5

Execution: Meaning.........................................................................................................................6

Which Court has power to execute a decree?..............................................................................7

Mode of executing decree................................................................................................................8

Sale of property as a mode of execution of decree..........................................................................9

General Rules.................................................................................................................................10

Power of Court : Rules 64 - 65..................................................................................................10

Proclamation of Sale Rule 66 - 67.............................................................................................11

Time of Sale: Rule 68................................................................................................................14

Adjournment or Stoppage of sale : Rule 69...............................................................................14

Default by purchaser: Rule 71...................................................................................................15

Restrictions to bid : Rules 72 – 73.............................................................................................16

Conclusion.....................................................................................................................................18

Bibliography..................................................................................................................................19

THE CODE OF CIVIL PROCEDURE, 1908 Page 3

 Table of Cases

S.no Case Citation Pg.

. No.
1 A. Venkatchalam v. E.M. Zackria 1987 SCC 124 13
2 Ambati Narasayya v. M. Subba Rao 1989 (2) SCC 693 10
3 Anandi Lal v. Ram Sarup AIR 1936 All 495 8
4 Desh Bandhu Gupta v. N.L. Anand (1994) 1 SCC 12
131.
5 Ghanshyam Das v. Anant Kumar (1991) 4 SCC 379 6
Sinha
6 Gopal Krishan Das v. Sailendra Nath (1975) 1 SCC 815 15
7 Janak Raj v. Gurdial Singh AIR 1967 SCC 17
608
8 Jaswantlal Natvarlal v. Sushilaben 1991 (2) SCC 691 17
Manilal
9 Mahadea Prasad Singh v. Ram (1980) 4 SCC 354 8
Lochan
10 Radhey Shyam v. Shyam Behari (1970) 2 SCC 405 15
11 Shalimar Cinema v. Bhasin Film corp. (1987) 4 SCC 717 12
12 Sivathi Ammal v. Arulayee Ammal AIR 1974 Mad 34 16

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 INTRODUCTION
Implementation of litigation is also known as execution. A decree will come into existence
where the civil litigation has been instituted with the presentment of the plaint. The decree means
operation or conclusiveness of judgment. Implementation of a decree will be done only when
parties have filed an application in that regard. A decree or order will be executed by the court as
facilitative and not an obligation. If a party is not approaching the court, then the court has no
obligation to implement it suo motu. A decree will be executed by the court which has passed the
judgment. In exceptional circumstances, the judgment will be implemented by another court
which is having competency in that regard1.

Execution is the last stage of any civil litigation. There are three stages in litigation:

1) Institution of litigation.
2) Adjudication of litigation.
3) Implementation of litigation.

Execution is the medium by which a decree-holder compels the judgment-debtor to carry out the
mandate of the decree or order as the case may be. It enables the decree-holder to recover the
fruits of the judgment. The execution is complete when the judgment-creditor or decree-holder
gets money or other thing awarded to him by judgment, decree or order2.

1
http://www.legalserviceindia.com
2
D. N. Mathur, Code of Civil Procedure (3rd ed. Cent. Law Publications 2015).

THE CODE OF CIVIL PROCEDURE, 1908 Page 5

 Execution: Meaning
The term “execution” has not been defined in the code. The expression “execution” means
enforcement or implementation or giving an effect to the order or judgment passed by the court
of justice. Simply “execution” means the process for enforcing or giving effect to the judgment
of the court. Execution is the enforcement of decrees and orders by the process of the court, so as
to enable the decree-holder to realize the fruits of the decree. The execution is complete when the
judgment-creditor or decree-holder gets money or other thing awarded to him by the judgment,
decree or order3.

Illustration:

A files a suit against B for Rs 10,000 and obtains a decree against him. Here A is the decree-
holder. B is the judgment-debtor, and the amount of Rs 10,000 is the judgment- debt or the
decretal amount. Since the decree is passed against B, he is bound to pay Rs 10,000 to A.
Suppose in spite of the decree, B refuses to pay the decretal amount to A, and A can recover the
said amount from B by executing the decree through judicial process. The principle governing
the execution of decree and orders are dealt with in Sections 36 to 74 ( substantive law) and
Order 21 of the code( procedural law).

Supreme Court in Ghanshyam Das v. Anant Kumar Sinha 4 dealing with provision of the code
relating to execution of decree and orders, stated, “ so far as the question of executability of a
decree is concerned, the Civil Procedure Code contains elaborate and exhaustive provisions for
dealing with it in all aspects. The numerous rules of Order 21 of the code take care of different
situations providing effective remedies not only to judgment-debtors and decree-holders but also
to claimant objectors, as the case may be. In an exceptional case, where provisions are rendered
incapable of giving relief to an aggrieved party inadequate measures and appropriate time, the
answer is a regular suit in the civil court.

Order XXI of the CPC which is the longest Order provides detailed provisions for making an
application for execution and how they are to be entertained, dealt with and decided.

3
Justice C.K.Takwani (Thakker), Civil Procedure (CPC) with Limitation Act (8th ed. E.Book 2017)
4
(1991) 4 SCC 379

THE CODE OF CIVIL PROCEDURE, 1908 Page 6

Execution is the enforcement of a decree by a judicial process which enables the decree-holder to
realise the fruits of the decree passed by the competent Court in his favour. All proceedings in
execution commence with the filing of an application for execution. Such application should be
made to the Court who passed the decree or where the decree has been transferred to another
Court, to that Court. Once an application for Execution of decree is received by the Court, it will
examine whether the application complies with the requirements of Rules 11 to 14. If they
complied with, the Court must admit and register the application.

It is only the execution, which reveals and signifies the importance of the decrees to be passed
and the pedestal of the Court and sanctity of the document. As such, the decrees are required to
be executed with force, so that the Decree Holder having a document containing declaration of
his rights may not feel cheated or helpless having earned no fruits of the list got settled by him
from the Court even after spending decades altogether.

This Order 21 of The Code, 1908 can be divided into six parts. The main classification is as
under:-

1) Applications for execution and the process to be applied.

2) Stay of executions.
3) Mode of executions.
4) Sale of immovable property and movable property.
5) Adjudication of the claims and objections.
6) Resistance and delivery of possession.

Which Court has power to execute a decree?

Section 38 of the code specifics that a decree may be executed either by the Court who passed it
or by the Court to which it is sent for execution. Section 37 defines the expression ‘Court which
passed a decree’ while sections 39 to 45 provide for the transfer for execution of a decree by the
Court which passed the decree to another Court, lay down conditions for such transfer and also
deal with powers of executing Court5.

5
Justice C.K.Takwani (Thakker), Civil Procedure (CPC) with Limitation Act (8th ed. E.Book 2017)

THE CODE OF CIVIL PROCEDURE, 1908 Page 7

 Mode of executing decree

The Code of Civil Procedure,1908 lays down various modes of execution. After the decree-
holder files an application for execution of a decree, the executing court can enforce execution.
The substantive provision under Section 51 of The Code,1908 merely enumerates different
modes of execution in general terms. The Code of civil procedure allows more than one mode of
execution of decrees. It is for the decree-holder to decide in which mode he will execute his
decree. This power, however, is subject to such conditions and limitations as may be prescribed
by the code6. The code lays down following modes for the execution of different types of
decrees:

i. By delivery of any property specifically decreed. Property may be movable or immovable

[Section 51(a)].
ii. By attachment and sale of the property or by sale without attachment of the property
[Section 51(b)].
iii. By arrest and detention in prison [Section 51(c)].
iv. By appointing a receiver [Section 51(d)].
v. Section 51(e) is the residuary clause and comes into play only when the decree cannot be
executed in any of the modes prescribed under clause (a) to (d).

Though it is for the decree-holder to choose a particular mode of executing his decree and it is
permissible in law to opt for even a simultaneous execution, "the court may in its discretion,
refuse execution at the same time against the person and property of the judgment-debtor7."

6
Mahadea Prasad Singh v. Ram Lochan (1980) 4 SCC 354
7
Anandi Lal v. Ram Sarup, AIR 1936 All 495

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 Sale of property as a mode of execution of decree
A sale is transfer of ownership of property by one living person to another living person for a
mutually agreed price paid or promised or part paid or part promised. The Contract Act, the
Transfer of Property Act, the Registration Act, the General Clauses Act, and acts of local bodies
govern it. It is transfer of all the rights, title and interest with easements and privileges of the
seller to the buyer, for the latter's use of the property as the absolute owner. Order 21 of CPC
consists several rules i.e Rules 1 to 106. Besides that the execution proceedings deal with
various sections and the High Court’s Amendments. Inasmuch as there are several rules,
sections, and The High Court’s Amendments, there is much confusion to understand all of them
at once. Order 21 provides several issues such as ” Courts executing decrees, Payment under
decrees, Application and process for execution, Mode of execution, Stay of execution, arrest and
detention in Civil Prison, Attachment of property, Adjudication of claims and objections, Sale
generally, Sale of movable property, Sale of immovable property8.

A decree may be executed by attachment and sale or sale without attachment of any property.
Section 65 to 73 and rules 64 to 94 of Order 21 deals with the subject relating to sale of movable
and immovable property. Before ordering sale the court has to decide whether it is necessary to
bring entire attached property to sale or such portion thereof as may seem necessary to satisfy the
decree. If the property is large and decree to be satisfied is small the court must bring to sale only
such portion of the property the proceeds of which would be sufficient to satisfy the claim of the
decree holder.

Order 21 of the Code of Civil Procedure deals with the solemn act of execution of the decrees
passed by the Courts from grassroots to the top. Ultimately, after the judgment attains finality or
where there is no stay in the execution by any Appellate or Revisional Court, it is the Court of
original jurisdiction which performs this sacred act of implementation of the execution. The
provisions of the Civil Procedure Code, 1903, on the subject of sales are contained in Order XXI,
Rules 64 to 102. Rule 64 to 73 deal with “sale generally”; Rules 74 to 81, with “sale of moveable
property”; and Rules 82 to 104 with “sale of immovable”9.

8
D. N. Mathur, Code of Civil Procedure (3rd ed. Cent. Law Publications 2015).
9
Justice C.K.Takwani (Thakker), Civil Procedure (CPC) with Limitation Act (8th ed. E.Book 2017)

THE CODE OF CIVIL PROCEDURE, 1908 Page 9

 General Rules

Power of Court : Rules 64 - 65

Order 21 Rule 64: Power to order property attached to be sold and proceeds to be paid to
person entitled - Any Court executing a decree may order that any property attached by it and
liable to sale, or such portion thereof as may seem necessary to satisfy the decree shall be sold,
and the proceeds of sale, or a sufficient portion thereof, shall be paid to the party entitled under
the decree to receive the same.

The rule enjoys that in all execution proceedings the court has to enquire whether sale of part of
the property would be sufficient to satisfy the decree. Under this provision the executing Court
derives jurisdiction to sell properties attached only to the point at which the decree is fully
satisfied. The words ‘necessary to satisfy the decree’ clearly indicate that no sale can be allowed
beyond the decreed amount mentioned in the sale proclamation. In other words, where the sale
fetches a price equal to or higher than the amount mentioned in the sale proclamation and is
sufficient to satisfy the decree, no further sale should be held and the court should stop at that
stage. The sale held in contravention of this mandatory requirements is illegal and without
jurisdiction10.

Order 21 Rule 65: Sales by whom conducted and how made - Save as otherwise prescribed,
every sale in execution of a decree shall be conducted by an officer of the Court or by such other
person as the Court may appoint in this behalf, and shall be made by public auction in manner
prescribed.

According to rule 65, every sale in execution of a decree shall be conducted by an officer of the
court by public auction, sale by asking offer through advertisement in Newspaper or otherwise is
barred and such a sale is nullity. There is a substantial distinction between the sale by calling for
offers through advertisement and the sale by public auction. An auction is held by public
competition wherein every bidder has the right to raise his own bid. The atmosphere therein
created by open bidding can tempt the bidder to raise his bid and thus enhanced price can be
fetched by the said mode. In a sale by tender, however no such opportunity is available to the
tender. Once he gives his offer that is final and cannot be raised, whereas in public auction each

10
Ambati Narasayya v. M. Subba Rao, 1989 (2) SCC 693

THE CODE OF CIVIL PROCEDURE, 1908 Page 10

bidder knows the bid of the other person, in the mode of sale by calling for offers of tenders,
none of the persons or tenders know the price offered by the other11.

Proclamation of Sale Rule 66 - 67

Order 21 Rule 66: Proclamation of sales by public auction - (1) Where any property is
ordered to be sold by public auction in execution of a decree, the court shall cause a
proclamation of the intended sale to be made in the language of such court.
(2) Such proclamation shall be drawn up after notice to the decree holder and the judgment
debtor and shall state the time and place of sale, and specify as fairly and accurately as possible
— (a) the
property to be sold, or, where a part of the property would be sufficient to satisfy the decree,
such part;
(b) the revenue assessed upon the estate or part of the estate, where the property to be sold is an
interest in an estate or in part of an estate paying revenue to the government;
(C)  any encumbrance to which the property is liable;
(d)  the amount for the recovery of which the sale is ordered; and
(e) every other thing which the court considers material for a purchaser to know in order to judge
of the nature and value of the property:
Provided that where notice of the date for settling the terms of the proclamation has been given
to the judgment debtor by means of an Order under rule 54, it shall not be necessary to give
notice under this rule to the judgment debtor unless the court otherwise directs:
Provided further that nothing in this rule shall be construed as requiring the court to enter in the
proclamation of sale its own estimate of the value of the property, but the proclamation shall
include the estimate, if any, given, by either or both of the parties.
(3) Every application for an Order for sale under this rule shall be accompanied by a statement
signed and verified in the manner herein before prescribed for the signing and verification of
pleadings and containing, so far as they are known to or can be ascertained by the person making
the verification, the matters required by sub-rule (2) to be specified in the proclamation.
(4) For the purpose of ascertaining the matters to be specified in the proclamation, the court may
summon any person whom it thinks necessary to summon and may examine him in respect to

11
https://lawtimesjournal.in

THE CODE OF CIVIL PROCEDURE, 1908 Page 11

any such matters and require him to produce any document in his possession or power relating
thereto.

Service of notice on a judgment-debtor is a fundamental step in execution and, unless it is

waived, it must be complied with. Absence of such notice causes irremediable injury to the
judgment-debtor and sale without such notice will be a nullity12.

Order 21 Rule 67: Mode of making proclamation - (1) Every proclamation shall be made and
published, as nearly as may be, in the manner prescribed by rule 54, sub-rule (2).
(2) Where the court so directs, such proclamation shall also be published in the Official Gazette
or in a local newspaper, on in both, and the costs of such publication shall be deemed to be costs
of the sale.
(3) Where property is divided into lots for the purpose of being sold separately, it shall not be
necessary to make a separate proclamation for each lot, unless proper notice of the sale cannot, in
the opinion of the court, otherwise be given.

The object of issuing a proclamation is twofold, firstly it protects the interest of the intending
purchasers by giving them all material information regarding the property to be sold, and
secondly, it protects the interest of the judgment-debtor by facilitating the fetching of proper
market price for his property and by preventing it from being knocked down at public auction for
a price much below the market price.

It is the duty of the court to ensure that the requirements of Rule 66 are complied with 13. It is also
desirable that every proclamation of sale shall be made by beat of drum or other customary
mode.

It is no doubt easy to draw the line between irregularity and illegality in an execution sale, but
where a substantial provision like Order XXI, Rule 66, is violated the sale should be regarded as
having been illegally conducted and would be void.

12
Desh Bandhu Gupta v. N.L. Anand, (1994) 1 SCC 131.
13
Shalimar Cinema v. Bhasin Film corp. (1987) 4 SCC 717

THE CODE OF CIVIL PROCEDURE, 1908 Page 12

A sale conducted without publication of proclamation is not merely an irregularity but a nullity 14.
It is incumbent on the court to be scrupulous to the extreme. No action of the court or its officer
should be such as to give rise to the criticism that it was done in a casual manner.

Contents of proclamation:-
a) Time and place of sale
b) Property to be sold
c) Revenue, if any, assessed upon the property;
d) Encumbrance, if any, to which property is liable;
e) Amount to be recovered;
f) Details relating to property, such as title deed, length etc.

14
A. Venkatchalam v. E.M. Zackria, 1987 SCC 124

THE CODE OF CIVIL PROCEDURE, 1908 Page 13

Time of Sale: Rule 68

Order 21 Rule 68: Time of sale - Save in the case of property of the kind described in the
proviso to rule 43, no sale hereunder shall, without the consent in writing of the judgment-debtor,
take place until after the expiration of at least fifteen days in the case of immovable property, and
of at least seven days in the case of movable property, calculated from the date on which the
copy of the proclamation has been affixed on the court-house of the Judge ordering the sale.

This provision provides that no sale shall, without the consent in writing of the judgment debtor,
take place until after the expiration of at least thirty days in the case of immovable property, and
of at least fifteen days in the case of movable property from the date of proclamation in the
courthouse.

The only exception is in the case, where the property ordered to be sold is perishable or the
expense of keeping it in custody is likely to exceed its value.  This provided in Order 21 Rule 43 of
The code, 1908.

Adjournment or Stoppage of sale : Rule 69

Order 21 Rule 69: Adjournment or Stoppage of sale - (1) The court may, in its discretion,
adjourn any sale hereunder to a specified day and hour, and the officer conducting any such sale
may in his discretion adjourn the sale, recording his reasons for such adjournment:

Provided that, where the sale is made in, or within the precincts of, the court house, no such
adjournment shall be made without the leave of the court.

(2) Where a sale is adjourned under sub-rule (1) for a longer period than thirty days, a fresh
proclamation under rule 67 shall be made, unless the judgment debtor consents to waive it.

(3) Every sale shall be stopped if, before the lot is knocked down, the debt and costs (including
the costs of the sale) are tendered to the officer conducting the sale, or proof is given to his
satisfaction that the amount of such debt and costs has been paid into the court which ordered the
sale.

THE CODE OF CIVIL PROCEDURE, 1908 Page 14

The Court is given discretionary power to postpone the sale to a specified day and hour,
however, if such sale is adjourned for more than thirty days, a fresh proclamation should be
issued, unless the judgment debtor waives it.
Waiver of sale proclamation implies waiver of an objection as to any of the defects apparent on
the proclamation. Whoever prays for adjournment of sale, fresh sale proclamation is needed
unless the judgment-debtor waives fresh sale proclamation.
This section also provides that every sale shall be stopped if, before the property is knocked
down, the debt and costs are tendered to the offer conducting the sale, or paid into the court15.

Default by purchaser: Rule 71

Order 21 Rule 71: Defaulting purchaser answerable for the loss on re-sale- Any deficiency
of price which may happen on a re sale by reason of the purchaser’s default, and all expenses
attending such re-sale, shall be certified to the court by the officer or other person holding the
sale, and shall, at the instance of either the decree holder or the judgment debtor, be recoverable
from the defaulting purchaser under the provisions relating to the execution of a decree for the
payment of money.

Where a resale has been occasioned by reason of the purchaser’s default, (i.e. due to the failure
to deposit the sale price) any deficiency of price and all expenses attending such resale shall be
certified to the court and shall be recoverable at the instance of either the decree-holder or the
judgment debtor from the defaulting purchaser.

When purchaser is not negligent then this rule won’t apply. In Gopal Krishan Das v. Sailendra
Nath16, the court held that this provision is salutary and has been enacted with a view to
minimize the hardship of the judgment-debtor or decree-holder resulting from the auction-
purchaser’s default. It also seeks to provide an expeditious remedy to the aggrieved party
(judgment-debtor or decree-holder), who has suffered due to the default of the auction-purchaser.
Therefore, if resale is not ordered because of the default of the auction purchaser, then Rule 71
will not apply.

15
Radhey Shyam v. Shyam Behari, (1970) 2 SCC 405.
16
(1975) 1 SCC 815

THE CODE OF CIVIL PROCEDURE, 1908 Page 15

Principles of natural justice are applied to this rule. Before auction-purchaser is held liable under
this rule, he must be given notice and opportunity of hearing to show cause why an order adverse
to him should not be passed.

Restrictions to bid : Rules 72 – 73

Order 21 Rule 72: Decree holder not to bid for or buy property without permission - (1)
No holder of a decree in execution of which property is sold shall, without the express
permission of the court, bid for or purchase the property.

(2) Where decree holder purchases, amount of decree may be taken as payment—Where a decree
holder purchases with such permission, the purchase money and the amount due on the decree
may, subject to the provisions of section 73, be set-off against one another, and the court
executing the decree shall enter up satisfaction of the decree in whole or in part accordingly.

(3) Where a decree holder purchases, by himself or through another person, without such
permission, the court may, if it thinks fit, on the application of the judgment debtor or any other
person whose interests are affected by the sale, by Order set aside the sale; and the costs of such
application and order, and any deficiency of price which may happen on the re-sale and all
expenses attending it, shall be paid by the decree holder.

When decree holder does so with the permission of the court, he is entitled to a set off, but if he does
so without such permission, the court has discretion to set aside the sale upon the application by the
judgment-debtor, or any other person whose interests are affected by the sale.

This provision is intended to safeguard the interests of the judgment-debtor. The court will have
to be satisfied that without granting permission to the decree-holder, an advantageous sale cannot
otherwise be had17. Such permission, therefore, should be cautiously granted after considering all
the attending circumstances.

Even though there is no express requirement for issue of notice to the judgment-debtor in Rule
72 before granting permission to the decree-holder, since it vitally affects the rights of the
judgment-debtor, the rules of natural justice require that a notice should be given to him. The
decision to grant permission is administrative and not judicial. It is therefore, not necessary for

17
Sivathi Ammal v. Arulayee Ammal, AIR 1974 Mad 34.

THE CODE OF CIVIL PROCEDURE, 1908 Page 16

the court to pass a speaking order or to record reasons in support of grant of leave to the decree
holder to bid. But the order must reflect application of mind by executing court.

In Jaswantlal Natvarlal v. Sushilaben Manilal18, the court held that for getting a sale set aside
it is not sufficient to show that there was an illegality or irregularity in the conduct of the sale,
the applicant has to show substantial injury has been caused to him as a result of non issuance of
the notice.

In Janak Raj v. Gurdial Singh 19, the Hon'able Supreme Court held that where the auction-
purchaser is a stranger or an outsider, sale by public auction would normally protect him even if
the decree is finally set aside. As this is based on the doctrine of justice and equality.

Order 21 Rule 72A provides that mortagee is also forbidden to bid at sale without the leave of
the Court. If leave to bid is granted to such mortgagee, then the court shall fix a reserve price as
regards the mortgagee so that mortgagee may not take undue advantage by purchasing the
mortgaged property at a lower price and then pursuing other remedies to recover the balance of
the amount of the decree.

Order 21 Rule 73: Restriction on bidding or purchase by officers- No officer or other person
having any duty to perform in connection with any sale shall, either directly or indirectly, bid for,
acquire or attempt to acquire any interest in the property sold.

In such case the sale will be hit by Section 64 of Cpc,1908.

18
1991 (2) SCC 691
19
AIR 1967 SCC 608

THE CODE OF CIVIL PROCEDURE, 1908 Page 17

 Conclusion
Execution is the enforcement of decrees and orders by the process of court, so as to enable the
decree-holder to realize the fruits of the decree. The execution is complete when the judgment-
creditor or decree-holder gets money or other thing awarded to him by the judgment, decree or
order.

Order 21 of the code contain elaborate and exhaustive provision for execution of decrees and
order, take care of the different type of situation and provide effective remedies not only to the
decree-holder and judgment-debtors but also to the objectors and third parties.

A decree can be executed by various modes which include delivery of possession, arrest, and
detention of the judgment-debtor, attachment of the property, by sale, by appointment of
receiver, partition, cross-decrees, and cross-claims, payment of money etc.

On exceptional situation, where provisions are rendered ineffective or incapable of giving relief
to an aggrieved party, he can file suit in civil court.

THE CODE OF CIVIL PROCEDURE, 1908 Page 18

 Bibliography

BOOKS

1. Justice C.K.Takwani (Thakker), Civil Procedure (CPC) with Limitation Act (8th ed. E.Book
2017).

2. Sir Dinshaw Fardunji Mulla, Mulla’s the Code of Civil Procedure (19th ed. Lexis Nexis
2017).

3. D. N. Mathur, Code of Civil Procedure (3rd ed. Cent. Law Publications 2015).

4. Avtar Singh, Code of Civil Procedure (4th ed. Cent. Law Publications 2015).

Websites
1. http://www.legalserviceindia.com
2. http://www.scconline.com/
3. https://indiankanoon.org
4. https://legal-dictionary.thefreedictionary.com
5. https://definitions.uslegal.com/
6. http://www.legalcrystal.com

THE CODE OF CIVIL PROCEDURE, 1908 Page 19