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Criminal Procedure Code QUESTION #9527
Question 1
A obtained a decree for specific performance directing B to execute a sale deed by a particular date. B deliberately refuses. The executing Court orders B's property to be attached. B argues that in a specific performance decree, only personal execution is possible, not attachment. Is B's position tenable?
  • No; Order XXI Rule 32 CPC provides that where a decree for specific performance is not obeyed, the Court may, in its discretion, direct attachment of B's property and/or appoint a person to execute the deed on B's behalf at B's cost✔️
  • Yes; attachment is only available for money decrees
  • No; but only the High Court can enforce a specific performance decree
  • Yes; specific performance decrees can only be enforced by personal compliance
Correct Answer Explanation
Order XXI Rule 32 CPC provides that in case of disobedience of a decree for specific performance, the Court may attach the property of the disobedient party and, further, may direct that the act required to be done shall be done by some other person appointed by the Court at the cost of the disobedient party, making the execution effective.