Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ---S.2(2)---Decree---Execution of---Modes-- No obligation has been imposed by Civil Procedure Code, 1908, to execute decree by one method before resorting to another- Executing Court can adopt any mode as provided in Civil Procedure Code, 1908. (b) Civil Procedure Code (V of 1908)--- ---S. 2 (2)---Decree---Execution---Execution against person and property---Decree may be executed simultaneously against both the persons and property of judgment-debtor. Syed Muhammad Hussain v. Cooperative Society AIR 1943 Lah. 166 and Venkappa and others v. Lakshmi Kant Rao AIR 1956 Hyd. 7 ref. (c) Civil Procedure Code (V of 1908)--- --S.2(2)---Decree, execution of---Duty of Executing Court---Executing Court has to provide assistance to decree-holder in execution of his decree and it should, therefore, offer the decree-holder all possible and reasonable facilities for realizing the decretal amount in as short tithe as possible. Maharaj Bahadur Singh v. Mafizud Din Chaudhry and another AIR 1936 Cal. 238 ref. (d) Civil Procedure Code (V of 1908)--- ----S.51 & O. XXI, R. 40 --- Execution of decree---Means of judgment-debtor---Onus to prove---Decree-holder has to prove that the judgment-debtor has means to satisfy the decree in, view of provisions of S.51, C. P. C. ---In case the judgment-debtor does not appear or does not lead any evidence, even then the same would not absolve the decree-holder from the duty and obligation of leading evidence as prescribed under O.XXI, R. 40, C. P. C. to satisfy Executing Court about the existence of such grounds. (e) Civil Procedure Code (V of 1908)--- ---S.51 & O.XXI, Rr.37 & 40---Execution of decree---Show-cause notice, issuance of-- Scope---Executing Court has to issue the notice to judgment-debtor. Mohsin Ali v. National Bank of Pakistan 1987 CLC 1419; Mono Mohan v. Upendra Mohan Pal and others AIR 1935 Cal. 127 and K.V. Muthu Pathar v. R. S. Mani Rao AIR 1956 Mad. 580 ref. (f) Civil Procedure Code (V of 1908)-- ----S.51, proviso & O.XXI, R.40 --- Execution of decree---Detention in civil prison---In spite of proviso to S. 51 read with O.XXI, R. 40, C. P. C., the Executing Court has…