Section 62 of CPC : Section 62: Seizure of property in dwelling house.

Explanation using Example

Example 1:

Mr. Sharma, a businessman, has defaulted on a loan, and the court has issued an order to seize his movable property to recover the debt. The court-appointed officer arrives at Mr. Sharma's house at 8 PM to execute the order. However, according to Section 62 of The Code of Civil Procedure 1908, the officer cannot enter the dwelling-house after sunset. Therefore, the officer must wait until the next morning to enter the house and seize the property.

Example 2:

Ms. Gupta has a court order against her for failing to pay a debt. The court officer arrives at her house during the day to seize her movable property. Ms. Gupta refuses to open the door. According to Section 62, the officer can break open the outer door only if Ms. Gupta is the occupant and is preventing access. Once inside, if the officer believes that the property is in a specific room, he can break open the door of that room to seize the property.

Example 3:

Mr. Khan has a court order against him, and the officer arrives at his house to seize his property. One of the rooms in the house is occupied by Mrs. Khan, who follows the custom of not appearing in public. The officer must first give notice to Mrs. Khan, allowing her reasonable time and facility to withdraw from the room. Only after she has withdrawn can the officer enter the room to seize the property, ensuring that he takes every precaution to prevent the property from being secretly removed.