Procedure in Execution MCQ Quiz - Objective Question with Answer for Procedure in Execution - Download Free PDF

The correct answer is 'OPTION 4'

Key Points

• Section 75 of the Code of Civil Procedure:
  • Section 75 of the Code of Civil Procedure (CPC) outlines the conditions under which a court may issue a commission.
  • This provision is designed to aid the court in gathering information and performing functions that require specialized knowledge or local insight.
  • Issuing a commission helps in situations where direct court intervention is impractical or impossible.
• Local Investigation:
  • A court may issue a commission to make a local investigation to gather facts and evidence on the ground.
  • This is often done in property disputes or cases where the physical condition or location needs to be examined.
• Scientific, Technical, or Expert Investigation:
  • The court may also issue a commission to hold a scientific, technical, or expert investigation.
  • This is crucial in cases requiring specialized knowledge, such as medical malpractice, engineering defects, or financial audits.
• Ministerial Act:
  • A commission may be issued to perform any ministerial act, which involves the execution of tasks that do not require judicial discretion.
  • Examples include recording evidence, executing documents, or performing administrative duties.

Additional Information

• Importance of Commissions in Judicial Proceedings:
  • Commissions are essential for collecting evidence that might be otherwise inaccessible to the court.
  • They ensure that the court's decisions are based on comprehensive and accurate information.
  • Commissions also help in expediting the judicial process by delegating specific tasks to qualified individuals.
• Limitations and Safeguards:
  • The use of commissions is subject to judicial oversight to prevent misuse.Commissions must operate within the scope defined by the court's order.
  • Reports and findings of the commissions are subject to scrutiny and objections by the parties involved.

The correct answer is option 4.Key Points

• Section 75 of Civil Procedure Code deals with power of Court to issue commissions.
• It says the Court may issue a commission:
  • To examine any person,
  • To make a local investigation,
  • To examine or adjust accounts, 
  • To make a partition;
  • To hold a scientific, technical, or expert investigation,
  • To conduct sale of property which is subject to speedy and natural decay and which is in the custody of the Court pending the determination of the suit,
  • To perform any ministerial act.

Additional Information

• Order 26 under Civil Procedure Code 1908 deals with Commission.

The correct answer is option 2.Key Points

• Section 50 under C.P.C. 1908 deals with legal representative.
• It says where a judgment-debtor dies before the decree has been fully satisfied, the holder of the decree may apply to the Court which passed it to execute the same against the legal representative of the deceased.
• Where the decree is executed against such legal representative, he shall be liable only to the extent of the property of the deceased which has come to his hands and has not been duly disposed of.

Additional Information

• ​ Section 52 under C.P.C. 1908 deals with enforcement of decree against legal representative.
• It says 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.

The correct answer is option 3

​ Key Points

•  Section 51. Powers of Court to enforce execution. (b) permits execution of money decree by attachment and sale of any property of the judgment debtor.
• (c) permits execution even by arrest and detention in prison of the judgment debtor but not for period exceeding the one specified in Section 58 

 

Section 58. Detention and release(1) Every person detained in the civil prison in execution of a decree shall be so detained,
(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 5 [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.

 

Explanation- Section 52(1) of the code of civil procedure deals with such situation and says that, 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.

The correct answer is option 3

​ Key Points

•  Section 51. Powers of Court to enforce execution. (b) permits execution of money decree by attachment and sale of any property of the judgment debtor.
• (c) permits execution even by arrest and detention in prison of the judgment debtor but not for period exceeding the one specified in Section 58 

 

Section 58. Detention and release(1) Every person detained in the civil prison in execution of a decree shall be so detained,
(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 5 [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.

 

The correct answer is option 3

​ Key Points

•  Section 51. Powers of Court to enforce execution. (b) permits execution of money decree by attachment and sale of any property of the judgment debtor.
• (c) permits execution even by arrest and detention in prison of the judgment debtor but not for period exceeding the one specified in Section 58 

 

Section 58. Detention and release(1) Every person detained in the civil prison in execution of a decree shall be so detained,
(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 5 [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.

 

The correct answer is option 4.Key Points

• Section 75 of Civil Procedure Code deals with power of Court to issue commissions.
• It says the Court may issue a commission:
  • To examine any person,
  • To make a local investigation,
  • To examine or adjust accounts, 
  • To make a partition;
  • To hold a scientific, technical, or expert investigation,
  • To conduct sale of property which is subject to speedy and natural decay and which is in the custody of the Court pending the determination of the suit,
  • To perform any ministerial act.

Additional Information

• Order 26 under Civil Procedure Code 1908 deals with Commission.

In Jolly George Verghese v. Bank of Cochin the Supreme Court has upheld the validity of Section 51 of Code of Civil Procedure. Section 51 CPC provides several means for execution of a decree including but not limited to delivery of the property mentioned in the decree by attachment or sale of property, arrest and detention of the person who is at the losing end of the trial, and appointment of a receiver. 

Explanation- Section 52(1) of the code of civil procedure deals with such situation and says that, 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.

The correct answer is 'OPTION 4'

Key Points

• Section 75 of the Code of Civil Procedure:
  • Section 75 of the Code of Civil Procedure (CPC) outlines the conditions under which a court may issue a commission.
  • This provision is designed to aid the court in gathering information and performing functions that require specialized knowledge or local insight.
  • Issuing a commission helps in situations where direct court intervention is impractical or impossible.
• Local Investigation:
  • A court may issue a commission to make a local investigation to gather facts and evidence on the ground.
  • This is often done in property disputes or cases where the physical condition or location needs to be examined.
• Scientific, Technical, or Expert Investigation:
  • The court may also issue a commission to hold a scientific, technical, or expert investigation.
  • This is crucial in cases requiring specialized knowledge, such as medical malpractice, engineering defects, or financial audits.
• Ministerial Act:
  • A commission may be issued to perform any ministerial act, which involves the execution of tasks that do not require judicial discretion.
  • Examples include recording evidence, executing documents, or performing administrative duties.

Additional Information

• Importance of Commissions in Judicial Proceedings:
  • Commissions are essential for collecting evidence that might be otherwise inaccessible to the court.
  • They ensure that the court's decisions are based on comprehensive and accurate information.
  • Commissions also help in expediting the judicial process by delegating specific tasks to qualified individuals.
• Limitations and Safeguards:
  • The use of commissions is subject to judicial oversight to prevent misuse.Commissions must operate within the scope defined by the court's order.
  • Reports and findings of the commissions are subject to scrutiny and objections by the parties involved.

The correct answer is option 2.Key Points

• Section 50 under C.P.C. 1908 deals with legal representative.
• It says where a judgment-debtor dies before the decree has been fully satisfied, the holder of the decree may apply to the Court which passed it to execute the same against the legal representative of the deceased.
• Where the decree is executed against such legal representative, he shall be liable only to the extent of the property of the deceased which has come to his hands and has not been duly disposed of.

Additional Information

• ​ Section 52 under C.P.C. 1908 deals with enforcement of decree against legal representative.
• It says 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.

Explanation- Section 39(1)(a) of the code of civil procedure talks about one f the instances when the application for execution of decree may be transferred from one court to another where the defendant lives or does business in the jurisdiction of that court where the application for execution of decree have to transfer.

The correct answer is If the judgment debtor is likely to abscond or leave the local limits of jurisdiction of the Court.