Section74
The Code of Civil Procedure, 1908

Resistance to execution

In force From 01 Jan 1909 Act 5 of 1908 As on 15 Oct 2026

Act 5 of 1908 Ministry Law and Justice Enacted 21 Mar 1908 In force 01 Jan 1909

Section 74 of the Code of Civil Procedure, 1908 deals with resistance to execution. Where the Court is satisfied that the holder of a decree for the possession of immovable property or that the purchaser of immovable property sold in execution of a decree has been resisted or obstructed in obtaining possession of the property by the judgment-debtor or some person on his behalf and The Act came into force on 01 Jan 1909.

Where the Court is satisfied that the holder of a decree for the possession of immovable property or that the purchaser of immovable property sold in execution of a decree has been resisted or obstructed in obtaining possession of the property by the judgment-debtor or some person on his behalf and that such resistance or obstruction was without any just cause, the Court may, at the instance of the decree-holder or purchaser, order the judgment-debtor or such other person to be detained in the civil prison for a term which may extend to thirty days and may further direct that the decree-holder or purchaser be put into possession of the property.

Section 74, The Code of Civil Procedure, 1908 (Act 5 of 1908).

Questions about Section 74

What does Section 74 of the Code of Civil Procedure deal with?

Section 74 of the Code of Civil Procedure is headed "Resistance to execution". Where the Court is satisfied that the holder of a decree for the possession of immovable property or that the purchaser of immovable property sold in execution of a decree has been resisted or obstructed in obtaining possession of the property by the judgment-debtor or some person on his behalf and

How do I find court cases under Section 74 of the Code of Civil Procedure?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 74, section 74 CPC, section 74 of the Code of Civil Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

When did Section 74 of the Code of Civil Procedure come into force?

Section 74 of the Code of Civil Procedure, cited as CPC 74, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.