Chapter XVI Judicial Procedure in Matters Cognizable by The Deputy Commissioner / Execution of Decrees and Orders of the Deputy Commissioner

Section 184: Issue of process of execution

The Chota Nagpur Tenancy Act, 1908

How current this text is

Text as published by India Code for the Government of Jharkhand. The copy prints amendments in square brackets without naming the amending Acts and gives no "as amended up to" date; the newest amending instrument it names is the Chota Nagpur Tenancy (Amendment) Act, 1969 (President's Act 4 of 1969), while it already carries later wording such as references to the Regional Rural Banks Act, 1976 (section 3) and the Jharkhand Municipal Act, 2002 (section 1).

The copy prints no footnotes. Omitted words are shown as "[* * *]" where the copy shows them, and its typing errors (for example "mortgagte" in section 46 and "tor" in section 6) are reproduced as printed.

Chapter VII-A is printed only as a heading with the title "[* * *]" and contains no sections.

Schedule A, Schedule B and the Appendix (Part I: provisions of the Chota Nagpur Tenancy (Amendment) Act, 1920 not incorporated in the text; Part II: the Seraikela and Kharsawan (Laws) Act, 1951 with its Schedule of modifications) are printed at the end of the India Code file and are listed here by heading only.

Process of execution may be issued against either the person or the property of a judgement-debtor, but shall not be issued simultaneously against both person and property;

[Provided that,-

(a) process of execution shall not be issued against the person of a judgement-debtor in satisfaction of a decree for arrears of rent due in respect of a holding or of a Bhuinhari tenure;

(b) the movable property of the judgement-debtor shall not, without his consent in writing, be attached or sold in execution of a decree for arrears of rent due in respect of a holding unless the decree cannot be satisfied by the attachment and sale of the holding for the arrears of the rent of which the decree was passed.]