Bailabel Type : bailable

Description

Section 74 of the Code of Civil Procedure (CPC) deals with the provisions regarding the resistance or obstruction to the execution of a decree or order by a party against whom the decree has been passed. The section focuses on the remedies available in cases where there is resistance or refusal to comply with the decree, hindering the lawful execution of it.

1. Resistance to Execution:

   • If a judgment debtor (or someone on their behalf) resists or obstructs the execution of a decree, it may constitute an offense under the section.
   • Resistance could include physically obstructing the court's officer from executing the decree, refusing to hand over property, or any other form of interference.
   • The officer attempting to execute the decree has the power to apply to the court to address such resistance and ensure that the decree is executed.

2. Legal Consequences:

   • In case of resistance, the court can pass an order to compel compliance. This could involve the attachment of property or even the arrest of the judgment debtor if necessary.
   • The party resisting execution can face severe penalties, which may include contempt of court or even imprisonment in some cases.

3. Procedure:

   • The court may allow the decree-holder to apply for further action or orders, such as detention or further penalties, if the obstruction continues.
   • The section ensures that the court has the authority to prevent interference with the lawful execution of its orders, thereby upholding the effectiveness of judicial decisions.

4. Purpose:

   • The main objective of Section 74 is to ensure that court orders and decrees are implemented without hindrance, and to maintain the sanctity of judicial orders in civil matters.
   • It acts as a deterrent against those who might consider hindering the legal process in the execution stage.

Punishment

If a party is found guilty of resistance or obstruction in the execution of a decree, the court can impose various punishments.

These may include fines, additional costs, or even imprisonment in severe cases, depending on the nature and extent of the obstruction.