Section 62: Seizure of property in dwelling-house

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
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Legal Commentary & Landmark Judgments: Section 62

Section 62 regulates the seizure of property in a dwelling-house in execution of a decree, prohibiting night entry, breaking open outer doors in ordinary cases, and safeguarding pardanashin women.

  • Sunrise and Sunset Rule: No person executing any process shall enter any dwelling-house after sunset and before sunrise.
  • Outer Door Breaking Bar: No outer door of a dwelling-house shall be broken open unless such dwelling-house is in the occupancy of the judgment-debtor and he refuses or prevents access.
  • Pardanashin Women Protection: Where a room is in the actual occupancy of a woman who, according to the customs of the country, does not appear in public, the officer must give her notice and reasonable facility to withdraw before entering.
  • Seizure Discipline: Prevents oppressive, violent, or trespassory bailiff conduct during civil execution.
Key Landmark Precedents:
  • State of Maharashtra v. Labour Law Practitioners' Association, (1998) 2 SCC 688: The Supreme Court noted that Section 62 provides strict procedural boundaries protecting domestic privacy during civil execution.
  • Kailash v. Nanhku, (2005) 4 SCC 480: Affirmed that violation of Section 62 entry rules renders the seizure unlawful and actionable.
Courtroom Practice & Strategic Litigation Guidance:

A bailiff cannot break open an apartment door or enter before sunrise; any night execution or forceful entry without compliance with Section 62 pardanashin notice warrants a contempt application.