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CPC and Limitation · Unit 3

Execution and Other Procedures

Unit 3 of Civil Procedure Code 1908 and Limitation Act 1963 (syllabus: Module III — execution and its modes (Order XXI); arrest, detention and attachment (Orders XXI and XXXVIII); incidental proceedings, payment into court, security for costs and commissions (Orders XXIV–XXVI); interim orders and temporary injunctions (Order XXXIX); interpleader, special case and summary procedure (Orders XXXV–XXXVII)). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.

What this unit covers

  • Which questions must be decided by the executing court and not by a separate suit?
  • In what ways may a decree be executed, and what restricts arrest on a money decree?
  • What is the sequence of an execution sale of immovable property, and how may the sale be set aside?
  • When must notice issue before execution proceeds?
  • On what conditions will a court grant a temporary injunction?
  • When may a defendant in a summary suit obtain leave to defend?
  • How does attachment before judgment differ from attachment in execution?
  • For how long may a judgment-debtor be detained in the civil prison?

Treat that list as a self-test: recite each topic's rule from memory before you open its cases.

Provisions

Leading cases

Full case summaries

Exam questions on this unit

In this paper