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Question

If obstruction is caused by Judgment debtor while possession of property is delivered to the decree holder or purchaser of property, court may order detention of Judgment debtor at the instance of-

A purchaser Correct Answer Incorrect Answer
B Judgment debtor. Correct Answer Incorrect Answer
C decree holder. Correct Answer Incorrect Answer
D decree holder or purchaser Correct Answer Incorrect Answer
E decree holder or Judgment debtor. Correct Answer Incorrect Answer

Solution

As per CPC S. 74. Resistance to execution.— Where the Court is satisfied that the holder of a decree for the possession of immovable property or that the purchaser of immovable property sold in execution of a decree has been resisted or obstructed in obtaining possession of the property by the judgment-debtor or some person on his behalf and that such resistance or obstruction was without any just cause, the Court may, at the instance of the decree-holder or purchaser, order the judgment-debtor or such other person to be detained in the civil prison for a term which may extend to thirty days and may further direct that the decree-holder or purchaser be put into possession of the property.  

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