Saturday, November 30, 2013

Sale of Immovable Property in India

Sale of Immovable Property
Adjudicatory bodies ensue the law, equity, principles of natural justice and good conscious. The word '' Execution'' is not defined in Code of Civil Procedure,1908 (herein after referred as CPC). The word '' Execution'' can, in this context, be understood as '' a judicial act by which a public officer is empowered to carry judgments or orders into effect.'' In other words, it means the carrying into effect the judgment or order delivered in a court of law. In England, the usual mode of execution of money judgment is by writ of ''fieri facias'' (popularly known as fi. fa.). However, It is apt to say the process of administration of justice is known as '' Execution''. In India, Order 21 of CPC consists several rules i.e Rules 1 to 106. Besides that the execution proceedings deal with various sections and the High Courts Amendments. Inasmuch as there are several rules, sections, and The High Courts Amendments, there is much confusion to understand all of them at once. Order 21 provides several issues such as '' Courts executing decrees, Payment under decrees, Application and process for execution, Mode of execution, Stay of execution, arrest and detention in Civil Prison, Attachment of property, Adjudication of claims and objections, Sale generally, Sale of movable property, Sale of immovable property.

Post a Comment