Section 74: Resistance to execution

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908

Legal Commentary & Landmark Judgments: Section 74

Section 74 empowers the executing court to punish resistance to the execution of a decree with civil detention up to thirty days where the resistance or obstruction is occasioned without just cause.

  • Resistance Without Just Cause: Where the court is satisfied that the holder of a decree for the possession of immoveable property or that the purchaser of immoveable property sold in execution of a decree has been resisted or obstructed in obtaining possession of the property by the judgment-debtor or some other person on his behalf and that such resistance or obstruction was without any just cause.
  • Civil Prison Punishment: The court may, at the instance of the decree-holder or purchaser, order the judgment-debtor or such other person to be detained in civil prison for a term which may extend to 30 days.
  • Police Aid & Direct Possession: The court shall also direct that the decree-holder or purchaser be put into possession of the property with police assistance.
  • Order 21 Rules 97-102 Nexus: Operates in tandem with Order 21 Rule 97 obstruction trials.
Key Landmark Precedents:
  • Brahdeo Rai v. Ramdeo Rai, (2005) 2 SCC 51: The Supreme Court held that under Section 74 read with Order 21 Rule 97, obstruction by the judgment-debtor or his agents without title is an abuse of process punishable with civil detention and immediate police-aided delivery.
  • Shreenath v. Rajesh, (1998) 4 SCC 543: The Supreme Court settled that while bona fide third-party claims must be adjudicated under Order 21 Rule 97, frivolous resistance by the debtor invites coercive detention under Section 74.
Courtroom Practice & Strategic Litigation Guidance:

If a judgment-debtor physically locks gates or threatens the court bailiff, file an urgent application under Order 21 Rule 97 read with Section 74 praying for breaking of locks, police assistance, and civil detention for 30 days.