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    Question

    In every plaint, facts shall be proved by affidavit .

    Provided that such an affidavit shall be in the form and manner as prescribed under Order VI of rule 15A. Which of the following is not a valid mode of execution of decree?
    A by delivery of any property specifically decreed; Correct Answer Incorrect Answer
    B by attachment and sale or by the sale without attachment of any property; Correct Answer Incorrect Answer
    C by arrest and detention in prison for such period not exceeding 3 months in case of any decree Correct Answer Incorrect Answer
    D by appointing a receiver; Correct Answer Incorrect Answer
    E none of the above. Correct Answer Incorrect Answer

    Solution

    CPC  S. 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 the sale without attachment of any property; (c) by arrest and detention in prison [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 : S.58. Detention and release.—(1) Every person detained in the civil prison in execution of a decree shall be so detained,— (a) where the decree is for the payment of a sum of money exceeding [five thousand rupees], for a period not exceeding three months, and, (b) where the decree is for the payment of a sum of money exceeding two thousand rupees, but not exceeding five thousand rupees, for a period not exceeding six weeks. (1A) For the removal of doubts, it is hereby declared that no order for detention of the judgment debtor in civil prison in execution of a decree for the payment of money shall be made, where the total amount of the decree does not exceed [two thousand rupees.] (2) A judgment-debtor released from detention under this section shall not merely by reason of his release be discharged from his debt, but he shall not be liable to be re-arrested under the decree in execution of which he was detained in the civil prison.

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