Section 68: Power to prescribe rules for transferring to Collector execution of certain decrees [Repealed]

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908

Legal Commentary & Landmark Judgments: Section 68

Section 68 historically empowered the State Government to transfer execution of decrees to the Collector in respect of agricultural land (repealed by the CPC Amendment Act, 1956).

  • Historical Collector Execution: Historically governed the transfer of money decrees against agricultural land to the District Collector.
  • Repeal Status: Repealed by the Code of Civil Procedure (Amendment) Act, 1956; execution against agricultural land is now conducted directly by civil courts under Order 21.
Key Landmark Precedents:
  • Mahadeo Prasad Singh v. Ram Lochan, (1980) 4 SCC 354: Referenced the historical legislative transition from Collector execution under Section 68 to direct civil court auction under Order 21.
  • Phoolchand v. Gopal Lal, AIR 1967 SC 1470: Affirmed modern civil court execution procedures.
Courtroom Practice & Strategic Litigation Guidance:

Execution against agricultural land is executed directly by the Civil Court under Order 21; do not seek transmission to the Collector under repealed Section 68.