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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Part II: Execution

Section 62 CPC: Seizure of property in dwelling-house

Bare Act text

62. Seizure of property in dwelling-house.—(1) No person executing any process under this Code directing or authorising seizure of movable property shall enter any dwelling-house after sunset and before sunrise.

(2) No outer door of a dwelling-house shall be broken open unless such dwelling-house is in the occupancy of the judgment-debtor and he refuses or in any way prevents access thereto, but when the person executing any such process has duly gained access to any dwelling-house, he may break open the door of any room in which he has reason to believe any such property to be.

(3) Where a room in a dwelling-house is in the actual occupancy of a woman who, according to the customs of the country, does not appear in public, the person executing the process shall give notice to such woman that she is at liberty to withdraw; and, after allowing reasonable time for her to withdraw and giving her reasonable facility for withdrawing, he may enter such room for the purpose of seizing the property, using at the same time every precaution, consistent with these provisions, to prevent its clandestine removal.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

A person executing process directing or authorising seizure of movable property must not enter any dwelling-house after sunset and before sunrise. An outer door may be broken open only if the house is occupied by the judgment-debtor and he refuses or prevents access, though once inside the officer may break open the door of a room where the property is believed to be. Where a room is occupied by a woman who by custom does not appear in public, she must be given notice and a chance to withdraw.

Part II: Execution

  1. 36 Application to orders
  2. 37 Definition of Court which passed a decree
  3. 38 Court by which decree may be executed
  4. 39 Transfer of decree
  5. 40 Transfer of decree to Court in another State
  6. 41 Result of execution proceedings to be certified
  7. 42 Powers of Court in executing transferred decree
  8. 43 Execution of decrees passed by Civil Courts in places to which this Code does not extend
  9. 44 Execution of decrees passed by Revenue Courts in places to which this Code does not extend
  10. 44A Execution of decrees passed by Courts in reciprocating territory
  11. 45 Execution of decrees outside India
  12. 46 Precepts
  13. 47 Questions to be determined by the Court executing decree
  14. 48 Execution barred in certain cases (Repealed)
  15. 49 Transferee
  16. 50 Legal representative
  17. 51 Powers of Court to enforce execution
  18. 52 Enforcement of decree against legal representative
  19. 53 Liability of ancestral property
  20. 54 Partition of estate or separation of share
  21. 55 Arrest and detention
  22. 56 Prohibition of arrest or detention of women in execution of decree for money
  23. 57 Subsistence-allowance
  24. 58 Detention and release
  25. 59 Release on ground of illness
  26. 60 Property liable to attachment and sale in execution of decree
  27. 61 Partial exemption of agricultural produce
  28. 62 Seizure of property in dwelling-house
  29. 63 Property attached in execution of decrees of several Courts
  30. 64 Private alienation of property after attachment to be void
  31. 65 Purchaser’s title
  32. 66 Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff (Repealed)
  33. 67 Power for State Government to make rules as to sales of land in execution of decrees for payment of money
  34. 68 Power to prescribe rules for transferring to collector execution of certain decrees (Repealed)
  35. 69 Provisions of Third Schedule to apply (Repealed)
  36. 70 Rules of Procedure (Repealed)
  37. 71 Collector deemed to be acting judicially (Repealed)
  38. 72 Where Court may authorize Collector to stay Public Sale of Land (Repealed)
  39. 73 Proceeds of execution-sale to be rateably distributed among decree-holders
  40. 74 Resistance to execution
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