When Court

may authorize

Collector to stay public sale of land.

Local rules as

in execution of decrees for

326. When, in any local area in which no declaration under section 320 is in force, the property attached consists of land or of a share in land, and the Collector represents to the Court that the public sale of the land or share is objectionable, and that satisfaction of the decree may be made within a reasonable period by a temporary alienation or management of the land or share, the Court may authorize the Collector to provide for such satisfaction in the manner recommended by him, instead of proceeding to a sale of the land or share. In such case the provisions of sections 320, paragraph two, to 325C (both inclusive) shall apply, as far as they are applicable.

327. The Local Government may, from time to time, with the sancto sales of land tion of the Governor-General in Council, make special rules for any local area imposing conditions in respect of sale of any class of interests in land in execution of decrees for money, where such interests are so uncertain or undetermined as, in the opinion of the Local Government, to make it impossible to fix their value :

money.

Procedure in case of

obstruction

and if, when this Code comes into operation in any local area, any special rules as to sale of land in execution of decrees are in force therein, the Local Government may continue such rules in force, or may, from time to time, with the sanction of the Governor-General in Council, modify the same.

All rules so made or continued, and all such modifications of the same, shall be published in the local official Gazette, and shall thereupon have the force of law.

H.-Of Resistance to Execution.

328. If, in the execution of a decree for the possession of property, the officer charged with the execution of the warrant is resisted or to execution of obstructed by any person, the decree-holder may complain to the Court at any time within one month from the time of such resistance or obstruction.

decree.

Procedure in
Case of

obstruction by judgmentdebtor or at his instigation.

Procedure when obstruction

Continues.

Procedure in case of

The Court shall fix a day for investigating the complaint, and shall summon the party against whom the complaint is made to answer the

same.

329. If the Court is satisfied that the obstruction or resistance was occasioned by the judgment-debtor or by some person at his instigation, the Court shall inquire into the matter of the complaint, and pass such order as it thinks fit.

330. If the Court is satisfied that the resistance or obstruction was without any just cause, and that the complainant is still resisted or obstructed in obtaining possession of the property by the judgmentdebtor or some other person at his instigation, the Court may, at the instance of the decree-holder and without prejudice to any penalty to which such judgment-debtor or other person may be liable, under the Indian Penal Code or any other law, for such resistance or obstruction, commit the judgment-debtor or such other person to jail for a term which may extend to thirty days, and direct that the decree-holder be put into possession of the property.

331. If the resistance or obstruction has been occasioned by any obstruction by person other than the judgment-debtor claiming in good faith to be in possession of the property on his own account or on account of some person other than the judgment-debtor, the claim shall be numbered and registered as a suit between the decree-holder as plaintiff and the claimant as defendant;

claimant in good faith, other than judgmentdebtor.

and the Court shall, without prejudice to any proceedings to which the claimant may be liable under the Indian Penal Code or any other law for the punishment of such resistance or obstruction, proceed to investigate the claim in the same manner and with the like power as if a suit for the property had been instituted by the decree-holder against the claimant under the provisions of Chapter V,

and shall pass such order as it thinks fit for executing or staying execution of the decree.

Every such order shall have the same force as a decree, and shall be subject to the same conditions as to appeal or otherwise.

case of person

of decree

332. If any person other than the judgment-debtor is dispossessed of Procedure in any property in execution of a decree, and such person disputes the right dispossessed of of the decree-holder to dispossess him of such property under the decree, property, on the ground that the property was bond fide in his possession on his disputing right own account or on account of some person other than the judgment- holder to be debtor, and that it was not comprised in the decree, or that, if it was put into comprised in the decree, he was not a party to the suit in which the decree was passed, he may apply to the Court.

If, after examining the applicant it appears to the Court that there is probable cause for making the application, the Court shall proceed to investigate the matter in dispute; and if it finds that the ground mentioned in the first paragraph of this section exists, it shall make an order that the applicant recover possession of the property, and if it does not find as aforesaid, it shall dismiss the application.

In hearing applications under this section, the Court shall confine itself to the grounds of dispute above specified.

The party against whom an order is passed under this section may institute a suit to establish the right which he claims to the present possession of the property; but, subject to the result of such suit, if any, the order shall be final.

possession.

333. Nothing in section 331 or 332 applies to a person to whom the Transfer of judgment debtor has transferred the property after the institution of the property by suit in which the decree is made.

judgmentdebtor after institution of suit.

obstructing purchaser in

334. If the purchaser of any immoveable property sold in execution Resisting or of a decree be resisted or obstructed by the judgment-debtor or any one on his behalf in obtaining possession of the property, the provisions of obtaining this chapter relating to resistance or obstruction to a decree-holder in possession of obtaining possession of the property adjudged to him shall be immoveable applicable.

property.

claimant other

335. If the purchaser of any such property is resisted or obstructed Obstructions by by any person other than the judgment-debtor claiming in good faith a than judgmentright to the present possession thereof, or if, in delivering possession debtor. thereof, any such person is dispossessed, the Court, on the complaint of the purchaser or the person so dispossessed, shall inquire into the matter of the resistance, obstruction or dispossession, as the case may be, and pass such order thereon as it thinks fit.

The party against whom such order is passed may institute a suit to establish the right which he claims to the present possession of the property; but, subject to the result of such suit, if any, the order shall be final.

I.-Of Arrest and Imprisonment.

imprisonment.

A judgment-debtor may be arrested in execution of a decree at any Place of judg hour and on any day, and shall as soon as practicable be brought before ment-debtor's the Court, and his imprisonment may be in the civil jail of the district in which the Court ordering the imprisonment is situate, or, when such jail does not afford suitable accommodation, in any other place which the Local Government may appoint for the confinement of persons ordered by the Courts of such district to be imprisoned:

Provided as follows:

(a) for the purpose of making an arrest under this section, no dwellinghouse shall be entered after sunset or before sunrise, and no outer door of a dwelling-house shall be broken open. But, when the officer authɔrized to make the arrest has duly gained access to any dwelling-house, he may unfasten and open the door of any room in which he has reason to believe the judgment-debtor is to be found: provided that, if the room be in the actual occupancy of a woman who is not the judgment-debtor, and who according to the customs of the country does not appear in public, the officer shall give notice to her that she is at liberty to with

Proviso.

Warrant for arrest to direct judgmentdebtor to be brought up.

Scales of subsistence

allowances.

Judgmentdebtor's subsistence-money.

Subsistencemoney to be costs in suit.

Release of judgmentdebtor.

draw; and, after allowing a reasonable time for her to withdraw and giving her every reasonable facility for withdrawing, he may enter such room for the purpose of making the arrest :

(b) when the decree in execution of which a judgment debtor is arrested is a decree for money and the judgment-debtor pays the amount of the decree and the costs of the arrest to the officer arresting him, such officer shall at once release him.

The Local Government may, by notification published in the official Gazette, direct that whenever a judgment-debtor is arrested in execution of a decrce for money and brought before the Court under this section, the Court shall inform him that he may apply under Chapter XX. to be declared an insolvent, and that he will be discharged if he has not committed any act of bad faith regarding the subject of his application and if he places all his property in possession of a receiver appointed by the Court.

If after such publication the judgment-debtor express his intention so to apply, and if he furnish sufficient security that he will appear when called upon, and that he will within one month apply under section 344 to be declared an insolvent, the Court shall release him from arrest:

But if he fails so to apply, the Court may either direct the security to be realised or commit him to jail in execution of the decree.

In the case of a surety such security may be realised in manner provided by section 253.

337. Every warrant for the arrest of the judgment-debtor shall direct the officer entrusted with its execution to bring him before the Court with all convenient speed, unless the amount which he has been ordered to pay, together with the interest thereon and the costs, if any, to which he is liable, be sooner paid.

338. The Local Government may, from time to time, prescribe scales, graduated according to rank, race, and nationality, of monthly allowances payable for the subsistence of judgment-debtors.

339. No judgment-debtor shall be arrested in execution of a decree unless and until the decree-holder pays into Court such sum as having regard to the scales so fixed, the Judge thinks sufficient for the subsistence of the judgment-debtor from his arrest until he can be brought before the Court.

When a judgment-debtor is committed to jail in execution of a decree, the Court shall fix for his subsistence such monthly allowance as he may be entitled to according to the said scales, or, where no such scales have been fixed, as it considers sufficient with reference to the class to which he belongs.

The monthly allowance fixed by the Court shall be supplied by the party on whose application the decree has been executed, by monthly payments in advance before the first day of each month.

The first payment shall be made to the proper officer of the Court for such portion of the current month as remains unexpired before the judgment-debtor is committed to jail, and the subsequent payment (if any) shall be made to the officer in charge of the jail.

340. Sums disbursed by the decree-holder for the subsistence of the judgment-debtor in jail shall be deemed to be costs in the suit:

Provided that the judgment-debtor shall not be detained in jail or arrested on account of any sum so disbursed.

341. The judgment-debtor shall be discharged from jail,

(a) on the amount mentioned in the warrant of committal being paid to the officer in charge of the jail; or

(b) on the decree being otherwise fully satisfied; or

(c) at the request of the person on whose application he has been imprisoned; or

(d) on such person omitting to pay the allowance as hereinbefore directed; or

(e) if the judgment-debtor be declared an insolvent, as hereinafter provided; or

(f) when the term of his imprisonment, as limited by section 342, is fulfilled:

Provided that, in the second, third and fifth cases mentioned in this section, the judgment-debtor shall not be discharged without the order of the Court.

A judgment-debtor discharged under this section is not thereby discharged from his debt; but he cannot be re-arrested under the decree in execution of which he was imprisoned.

342. No person shall be imprisoned in execution of a decree for a Imprisonment longer period than six months;

not to exceed six months.

or for a longer period than six weeks if the decree be for the payment When not to of a sum of money not exceeding fifty rupees.

exceed six weeks.

343. The officer entrusted with the execution of the warrant shall Endorsement endorse thereupon the day on, and the manner in, which it was executed, on warrant. and, if the latest day specified in the warrant for the return thereof has been exceeded, the reason of the delay, or if it was not executed, the reason why it was not executed, and shall return the warrant with such endorsement to the Court.

If the endorsement is to the effect that such officer is unable to execute the warrant the Court shall examine him on oath touching his alleged inability, and may, if it thinks fit, summon and examine witnesses as to such inability and shall record the result.

CHAPTER XXIX.-SUITS BY AND AGAINST CORPORATIONS

AND COMPANIES.

of plaint.

435. In suits by a Corporation, or by a Company authorized to sue Subscription and be sued in the name of an officer or of a trustee, the plaint may be and verification subscribed and verified on behalf of the Corporation or Company by any director, secretary or other principal officer of the Corporation or Com pany, who is able to depose to the facts of the case.

436. When the suit is against a Corporation, or against a Company Service on authorized to sue and be sued in the name of an officer or of a trustee, Corporation or Company. the summons may be served

(a) by leaving it at the registered office (if any) of the Corporation or Company, or

(b) by sending it by post in a letter addressed to such officer or trustee, at the office (or if there be more offices than one, at the principal office in British India) of the Corporation or Company, or

(c) by giving it to any director, secretary or other principal officer of the Corporation or Company;

and the Court may require the personal appearance of any director, secretary or other principal officer of the Corporation or Company who may be able to answer material questions relating to the suit.

A.-Temporary Injunctions.

495. An injunction directed to a Corporation or public Company Injunction to is binding not only on the Corporation or Company itself, but also on Corporation all members and officers of the Corporation or Company whose personal members and action it seeks to restrain.

CHAPTER XXXVII.-REFERENCE TO ARBITRATION.

binding on its

officers.

order of

506. If all the parties to a suit desire that any matter in difference Parties to suit between them in the suit be referred to arbitration, they may, at any may apply for time before judgment is pronounced, apply, in person or by their respec- reference. tive pleaders specially authorized in writing in this behalf, to the Court for an order of reference.

Every such application shall be in writing and shall state the particular matter sought to be referred.

507. The arbitrator shall be nominated by the parties in such manner Nomination of as may be agreed upon between them.

arbitrator.

If the parties cannot agree with respect to such nomination, or if the When Court to person whom they nominate refuses to accept the arbitration, and the nominate parties desire that the nomination shall be made by the Court; the Court shall nominate the arbitrator,

arbitrator.

Order of reference.

When reference is to two or

more, order to provide for

difference of opinion.

Death,

of arbitrators or umpire.

508. The Court shall, by order, refer to the arbitrator the matter in difference which he is required to determine, and shall fix such time as it thinks reasonable for the delivery of the award, and specify such time in the order.

When once a matter is referred to arbitration, the Court shall not deal with it in the same suit, except as hereinafter provided.

509. If the reference be to two or more arbitrators, provision shall be made in the order for a difference of opinion among the arbitrators, (a) by the appointment of an umpire, or

(b) by declaring that the decision shall be with the majority, if the major part of the arbitrators agree, or

(c) by empowering the arbitrators to appoint an umpire, or

(d) otherwise, as may be agreed between the parties; or, if they cannot agree, as the Court determines.

If an umpire is appointed, the Court shall fix such time as it thinks reasonable for the delivery of his award in case he is required to act.

510. If the arbitrator, or, where there are more arbitrators than one, incapacity, &c., any of the arbitrators, or the umpire, dies, or refuses, or neglects or becomes incapable to act, or leaves British India under circumstances shewing that he will probably not return at an early date, the Court may in its discretion either appoint a new arbitrator or umpire in the place of the person so dying, or refusing, or neglecting, or becoming incapable to act, or leaving British India, or make an order superseding the arbitration, and in such case shall proceed with the suit.

Appointment of umpire by Court.

Powers of

arbitrator or umpire appointed under sections 509,

510, 511.

Summoning witnesses.

Punishment for default, &c.

Extension of award.

511. Where the arbitrators are empowered by the order of reference to appoint an umpire and fail to do so, any of the parties may serve the arbitrators with a written notice to appoint an umpire; and if, within seven days after such notice has been served, or such further time as the Court may in each case allow, no umpire be appointed, the Court, upon the application of the party who has served such notice as aforesaid, may appoint an umpire.

512. Every arbitrator or umpire appointed under section 509, section 510 or section 511 shall have the like powers as if his name had been inserted in the order of reference.

513. The Court shall issue the same processes to the parties and witnesses whom the arbitrators or umpire desire or desires to examine, as the Court may issue in suits tried before it.

Persons not attending in accordance with such process, or making any other default, or refusing to give their evidence, or guilty of any contempt to the arbitrator or umpire during the investigation of the matters referred shall be subject to the like disadvantages, penalties and punishments, by order of the Court on the representation of the arbitrator or umpire, as they would incur for the like offences in suits tried before the Court.

514. If, from the want of the necessary evidence or information, or time for making from any other cause, the arbitrators cannot complete the award within the period specified in the order, the Court may, if it thinks fit, either grant a further time, and from time to time enlarge the period for the delivery Supersession of of the award, or make an order superseding the arbitration, and in such case shall proceed with the suit.

arbitration.

When umpire may arbitrate

in lieu of

arbitrators.

Award to be signed and filed.

Arbitrators or umpire may state special

Case.

515. When an umpire has been appointed, he may enter on the reference in the place of the arbitrators.

(a) if they have allowed the appointed time to expire without making

an award, or

(b) when they have delivered to the Court or to the umpire a notice in writing, stating that they cannot agree.

516. When an award in a suit has been made, the persons who made it shall sign it and cause it to be filed in Court, together with any deposi tions and documents which have been taken and proved before them; and notice of the filing shall be given to the parties.

517. Upon any reference by an order of the Court, the arbitrators or umpire may, with the consent of the Court, state the award as to the whole or any part thereof in the form of a special case for the opinion