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The Code of Civil Procedure, 1908: page 54
The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 54, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.
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52. Enforcement of decree against legal representative.—(1) Where a decree is passed against a party as the legal
representative of a deceased person, and the decree is for the payment of money out of the property of the deceased, it may be
executed by the attachment and sale of any such property.
(2) Where no such property remains in the possession of the judgment-debtor and he fails to satisfy the Court that he has duly
applied such property of the deceased as is proved to have come into his possession, the decree may be executed against the
judgment-debtor to the extent of the property in respect of which he has failed so to satisfy the Court in the same manner as if the
decree had been against him personally.
53. Liability of ancestral property.—For the purposes of section 50 and section 52, property in the hands of a son or other
descendant which is liable under Hindu law for the payment of the debt of a deceased ancestor, in respect of which a decree has
been passed, shall be deemed to be property of the deceased which has come to the hands of the son or other descendant as his
legal representative.
54. Partition of estate or separation of share.—Where the decree is for the partition of an undivided estate assessed to the
payment of revenue to the Government, or for the separate possession of a share of such an estate, the partition of the estate or the
separation of the share shall be made by the Collector or any gazetted subordinate of the Collector deputed by him in this behalf, in
accordance with the law (if any) for the time being in force relating to the partition, or the separate possession of shares, of such
estates.
STATE AMENDMENT
Karnataka.—
For Section 54, the following Section shall be substituted, namely.—
“54. Partition of estate or separation of share.—Where the decree is for the partition of an undivided estate assessed to the
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payment of revenue to the Government, or for the separate possession of a share of such an estate, the partition of the estate or the
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separation of the share of such an estate shall be made by the Court in accordance with the law if any, for the time being in force
relating to the partition or the separate possession of shares, and if necessary on the report of a revenue officer, not below the
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rank of Tahsildar or such other person as the Court may appoint as Commissioner in that behalf.”
[Vide Karnataka Act 36 of 1998, sec. 2.]
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Arrest and detention
In
55. Arrest and detention.—(1) A judgment-debtor may be arrested in execution of a decree at, any hour and on
any day, and shall, as soon as practicable, be brought before the Court, and his detention may be in the civil prison
of the district in which the Court ordering the detention is situate, or, where such civil prison does not afford suitable
accommodation, in any other place which the State Government may appoint for the detention of persons ordered by
the Courts of such district to be detained:
Provided, firstly, that, for the purpose of making an arrest under this section, no dwelling-house shall be entered after
sunset and before sunrise:
Provided, secondly, that no outer door of a dwelling-house shall be broken open unless such dwelling-house is in
the occupancy of the judgment-debtor and he refuses or in any way prevents access thereto, but when the officer
authorised to make the arrest has duly gained access to any dwelling-house, he may break open the door of any room in
which he has reason to believe the judgment-debtor is to be found:
Provided, thirdly, that, if the room is in the actual occupancy of a woman who is not the judgment-debtor and who according to the
customs of the country does not appear in public, the officer authorised to make the arrest shall give notice to her that she is at liberty to
withdraw, and, after allowing a reasonable time for her to withdraw and giving her reasonable facility for withdrawing, may enter the
room for the purpose of making the arrest:
Provided, fourthly, that, where the decree in execution of which a judgment-debtor is arrested, is a decree for the payment of
money and the judgment-debtor pays the amount of the decree and the costs of the arrest to the officer arresting him, such officer
shall at once release him.
(2) The State Government may, by notification in the Official Gazette, declare that any person or class of persons whose arrest
might be attended with danger or inconvenience to the public shall not be liable to arrest in execution of a decree otherwise than in
accordance with such procedure as may be prescribed by the State Government in this behalf.
(3) Where a judgment-debtor is arrested in execution of a decree for the payment of money and brought before the Court, the
Court shall inform him that he may apply to be declared an insolvent, and that he 1[may be discharged] if he has not committed any act
of bad faith regarding the subject of the application and if he complies with the provisions of the law of insolvency for the time being
in force.
(4) Where a judgment-debtor expresses his intention to apply to be declared an insolvent and furnishes security, to
the satisfaction of the Court, that he will within one month so apply, and that he will appear, when called upon, in any
1. Subs. by Act 3 of 1921, s. 2, for “will be discharged”.
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