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Section 118: Execution of decree before ascertainment of costs

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 117 All 158 Sections of Code of Civil Procedure Section 119

Legal Commentary & Landmark Judgments: Section 118

Section 118 prohibits the execution against immoveable property of any decree of a Court of Small Causes, maintaining the strict separation between summary debt recovery and title alienations.

  • Small Cause Execution Bar: At the execution of a decree of a Court of Small Causes, no immoveable property shall be attached or sold.
  • Transfer Requirement: To execute against land or buildings, the decree-holder must obtain a transfer of the decree under Section 39 to a court of regular civil jurisdiction.
  • Protection of Land Titles: Prevents summary, unexamined Small Cause adjudications from dispossessing property owners.
Key Landmark Precedents:
  • Rameshwar Dayal v. Banda, (1993) 1 SCC 531: The Supreme Court affirmed that Section 118 bars Small Cause courts from attaching or selling land, preserving title adjudications for regular civil courts.
  • Mahadeo Prasad Singh v. Ram Lochan, (1980) 4 SCC 354: Affirmed the necessity of Section 39 transfer for land executions.
Courtroom Practice & Strategic Litigation Guidance:

If a Small Cause Court erroneously issues an attachment warrant against your client's house, file an objection under Section 118 for immediate release of the attachment.

Section 117 All 158 Sections of Code of Civil Procedure Section 119