Section 51 of CPC : Section 51: Powers of Court to enforce execution.
CPC
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Explanation using Example
Example 1:
Scenario: Ramesh wins a civil lawsuit against Suresh, and the court orders Suresh to pay Ramesh ₹5,00,000 as compensation.
Application of Section 51:
- (a) Delivery of Property: If the court specifically decrees that Suresh must hand over a particular piece of property (e.g., a car or a piece of land) to Ramesh, the court can enforce this by ordering the delivery of that property to Ramesh.
- (b) Attachment and Sale: If Suresh fails to pay the ₹5,00,000, Ramesh can apply to the court to attach and sell Suresh's property (e.g., his house or car) to recover the amount.
- (c) Arrest and Detention: If Suresh is found to be deliberately avoiding payment and has the means to pay, the court can order his arrest and detention in prison for a period not exceeding what is specified in Section 58.
- (d) Appointing a Receiver: The court can appoint a receiver to manage Suresh's property or business to ensure that the decree is satisfied.
- (e) Other Manner: The court can use any other method deemed appropriate to enforce the decree, such as garnishing Suresh's wages.
Proviso Application:
- Before ordering Suresh's detention,...
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