CPC Section 74: Resistance to execution
Code of Civil Procedure, 1908 · Part 2: Execution
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.
Official reference: Government reference hosted by Andhra Pradesh High Court — checked: 1 October 2026.Banaka editorial consolidation of the general central text, with the 2025 postal-service amendments applied. Not an official or certified edition. State/High Court variations, commercial-dispute modifications and prescribed Appendix forms are not consolidated here; consult the source and applicable court rules. Hindi learning guides are original explanations, not a statutory translation.Read the original schedule and amendment notes
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 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. [Repealed.]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. [Repealed.]
- 67. Power for State Government to make rules as to sales of land in execution of decrees for payment
- 68. [Repealed.]
- 69. [Repealed.]
- 70. [Repealed.]
- 71. [Repealed.]
- 72. [Repealed.]
- 73. Proceeds of execution-sale to be rateably distributed among decree-holders