Constitutionality Of Provisions For Execution Of Decree For Payment Of Money In The Code Of Civil Procedure Legal Discourse

Abstract

Code of Civil Procedure (hereinafter "CPC') provides provisions for procedure of adjudication of disputes of civil nature. CPC consists of 158 Sections, and the First Schedule. Order XXI of CPC provides provisions for execution of decree. Order XXI, rule 42 of CPC provides provisions for attachment of property of the judgment-debtor, in cases of decree for rent or mesne profits, etc., before the amount due from him has been ascertained. This paper endeavours to review the constitutionality of such an attachment of property of the judgment debtor. The paper concludes that a legislative review of such prejudicial powers for attachment is necessary and would add to the legal jurisprudence.