Execution of Decrees Questions and Answers

Answer: A

The claim shall be adjudicated by the executing court.

Under Order XXI Rule 58 of the Code of Civil Procedure, a claim or objection to the attachment of property in execution of a decree is decided by the court executing the decree, which determines all questions of right, title and interest between the parties. Since the 1976 amendment, Rule 58(2) makes that decision final in the execution itself and Rule 58(4) gives it the force of a decree, so no separate suit is needed.

A separate suit is now generally barred, the court that passed the decree has no special role, and the claim must be decided while execution is pending, not after property has already been sold.

Answer: C

Section 43 of the Code of Civil Procedure deals with the execution of decrees passed by Civil Courts in places to which the Code does not extend, so that a decree of such a court may be executed in the territory to which the Code applies.

The execution of decrees passed by Revenue Courts in such places is Section 44, the execution of decrees passed by courts in a reciprocating territory is Section 44A, and the execution of decrees outside India is Section 45. The other options are the headings of those neighbouring sections. The Code is of 1908, and 1909 in the question is a misprint.

Answer: D

Such a decree cannot be executed by her arrest and detention in prison.

Section 56 of the Code of Civil Procedure, 1908 says that, notwithstanding anything in Part II, the Court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money.

The other modes remain open: execution against legal representatives after the judgment-debtor's death (Section 50), attachment and sale of property, and appointment of a receiver (Section 51).

Answer: C

The provision is Order XXI Rule 106.

Order XXI Rule 106 of the Code of Civil Procedure, 1908 provides for setting aside orders passed ex parte, or dismissing applications for default, in proceedings under Order XXI (execution). The applicant may apply within thirty days to have the order set aside on showing sufficient cause for non-appearance.

Order IX Rule 13 sets aside ex parte decrees in suits, Order XXI Rule 58 deals with claims and objections to attachment, and Order XXI Rule 100 with orders on complaints of dispossession by a third party.