The question (15 marks)
Explain the meaning of execution and the powers of the court under section 51 of the Code of Civil Procedure 1908. Deal in particular with arrest and detention and with the exemptions from attachment. (15 marks)
MU Module III, heads 3.1 to 3.3
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · Execution and Other Procedures of Civil Procedure Code 1908 and Limitation Act 1963.
Authorities you will need
- Code of Civil Procedure 1908, ss. 47, 51, 56, 58 and 60
- Code of Civil Procedure 1908, Order XXI Rules 22, 30 to 41
- Code of Civil Procedure 1908, s. 50, limiting a legal representative's liability to the property of the deceased which has come to his hands
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.