74. Resistance to execution.— Where the Court is satisfied that the holder of a decree for the possession of immovable property or that the purchaser of immovable property sold in execution of a decree has been resisted or obstructed in obtaining possession of the property by the judgment-debtor or some person on his behalf and that such resistance or obstruction was without any just cause, the Court may, at the instance of the decree-holder or purchaser, order the judgment-debtor or such other person to be detained in the civil prison for a term which may extend to thirty days and may further direct that the decree-holder or purchaser be put into possession of the property.
Section 74 CPC: Resistance to execution
Bare Act text
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
Where the Court is satisfied that a decree-holder for possession of immovable property, or a purchaser of such property sold in execution, has been resisted or obstructed without just cause by the judgment-debtor or someone on his behalf, it may, at the instance of the decree-holder or purchaser, order the person to be detained in civil prison for up to thirty days. It may also direct that the decree-holder or purchaser be put into possession of the property.
Part II: Execution
- 36 Application to orders
- 37 Definition of Court which passed a decree
- 38 Court by which decree may be executed
- 39 Transfer of decree
- 40 Transfer of decree to Court in another State
- 41 Result of execution proceedings to be certified
- 42 Powers of Court in executing transferred decree
- 43 Execution of decrees passed by Civil Courts in places to which this Code does not extend
- 44 Execution of decrees passed by Revenue Courts in places to which this Code does not extend
- 44A Execution of decrees passed by Courts in reciprocating territory
- 45 Execution of decrees outside India
- 46 Precepts
- 47 Questions to be determined by the Court executing decree
- 48 Execution barred in certain cases (Repealed)
- 49 Transferee
- 50 Legal representative
- 51 Powers of Court to enforce execution
- 52 Enforcement of decree against legal representative
- 53 Liability of ancestral property
- 54 Partition of estate or separation of share
- 55 Arrest and detention
- 56 Prohibition of arrest or detention of women in execution of decree for money
- 57 Subsistence-allowance
- 58 Detention and release
- 59 Release on ground of illness
- 60 Property liable to attachment and sale in execution of decree
- 61 Partial exemption of agricultural produce
- 62 Seizure of property in dwelling-house
- 63 Property attached in execution of decrees of several Courts
- 64 Private alienation of property after attachment to be void
- 65 Purchaser’s title
- 66 Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff (Repealed)
- 67 Power for State Government to make rules as to sales of land in execution of decrees for payment of money
- 68 Power to prescribe rules for transferring to collector execution of certain decrees (Repealed)
- 69 Provisions of Third Schedule to apply (Repealed)
- 70 Rules of Procedure (Repealed)
- 71 Collector deemed to be acting judicially (Repealed)
- 72 Where Court may authorize Collector to stay Public Sale of Land (Repealed)
- 73 Proceeds of execution-sale to be rateably distributed among decree-holders
- 74 Resistance to execution