Section 74 in The Code of Civil Procedure

Title: Resistance to execution

Description: 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.

Title: Power of Court to issue commissions

Description: Subject to such conditions and limitations as may be prescribed, the Court may issue a commission (a) to examine any person; (b) to make a local investigation; (c) to examine or adjust accounts; or (d) to make a partition; 1[(e) to hold a scientific, technical, or expert investigation; (f) to conduct sale of property which is subject to speedy and natural decay and which is in the custody of the Court pending the determination of the suit; (g) to perform any ministerial act.] 1. Ins. by Act 104 of 1976, s. 26 (w.e.f. 1-2-1977).

Title: Commission to another Court

Description: (1) A commission for the examination of any person may be issued to any Court (not being a High Court) situate in a State other than the State in which the Court of issue is situate and having jurisdiction in the place in which the person to be examined resides. (2) Every Court receiving a commission for the examination of any person under sub-section (1) shall examine him or cause him to be examined pursuant thereto, and the commission, when it has been duly executed, shall be returned together with the evidence taken under it to the Court from which it was issued, unless the order for issuing the commission has otherwise directed, in which case the commission shall be returned in terms of such order.

Title: Letter of request

Description: In lieu of issuing a commission the Court may issue a letter of request to examine a witness residing at any place not within 1 [India] 1. Subs. by Act 2 of 1951, s. 3, for “the States”

Title: Commissions issued by foreign Courts

Description: 1[78. Commissions issued by foreign Courts.-- Subject to such conditions and limitations as may be prescribed the provisions as to the execution and return of commissions for the examination of witnesses shall apply to commissions issued by or at the instance of (a) Courts situate in any part of India to which the provisions of this Code do not extend; or (b) Courts established or continued by the authority of the Central Government outside India; or (c) Courts of any State or country outside India.] 1. Subs. by s. 11, ibid., for s. 78 (w.e.f. 1-4-1951).

PART 2 EXECUTION RESISTANCE OF EXECUTION