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    Question

    In every plaint, facts shall be proved by affidavit .

    Provided that such an affidavit shall be in the form and manner as prescribed under Order VI of rule 15A. Which of the following is not a valid mode of execution of decree?
    A by delivery of any property specifically decreed; Correct Answer Incorrect Answer
    B by attachment and sale or by the sale without attachment of any property; Correct Answer Incorrect Answer
    C by arrest and detention in prison for such period not exceeding 3 months in case of any decree Correct Answer Incorrect Answer
    D by appointing a receiver; Correct Answer Incorrect Answer
    E none of the above. Correct Answer Incorrect Answer

    Solution

    CPCย  S. 51. Powers of Court to enforce execution.โ€”Subject to such conditions and limitations as may be prescribed, the Court may, on the application of the decree-holder, order execution of the decreeโ€” (a) by delivery of any property specifically decreed; (b) by attachment and sale or by the sale without attachment of any property; (c) by arrest and detention in prison [for such period not exceeding the period specified in section 58, where arrest and detention is permissible under that section]; (d) by appointing a receiver; or (e) in such other manner as the nature of the relief granted may require : S.58. Detention and release.โ€”(1) Every person detained in the civil prison in execution of a decree shall be so detained,โ€” (a) where the decree is for the payment of a sum of money exceeding [five thousand rupees], for a period not exceeding three months, and, (b) where the decree is for the payment of a sum of money exceeding two thousand rupees, but not exceeding five thousand rupees, for a period not exceeding six weeks. (1A) For the removal of doubts, it is hereby declared that no order for detention of the judgment debtor in civil prison in execution of a decree for the payment of money shall be made, where the total amount of the decree does not exceed [two thousand rupees.] (2) A judgment-debtor released from detention under this section shall not merely by reason of his release be discharged from his debt, but he shall not be liable to be re-arrested under the decree in execution of which he was detained in the civil prison.

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