CPC Section 108

CPC Section 108 deals with the execution of decrees through the attachment and sale of the judgment-debtor's property. It provides a legal mechanism for decree-holders to recover dues by selling the debtor's assets under court supervision. Understanding this section is crucial for parties involved in civil execution proceedings.

This section ensures that decrees are effectively enforced, protecting the rights of decree-holders while maintaining fairness in the execution process. It guides courts and officers on how to proceed with attachment and sale, balancing interests of all parties.

CPC Section 108 – Exact Provision

This provision authorizes the court to attach and sell the judgment-debtor's property to satisfy a decree. The court has discretion to decide the mode of sale, ensuring the process is fair and effective. The sale proceeds are used to pay the decree-holder, covering the amount owed.

• Allows attachment of debtor's property for decree execution.

• Court controls the sale process.

• Proceeds satisfy the decree amount.

• Ensures enforcement of civil decrees.

Explanation of CPC Section 108

This section explains how courts execute decrees by attaching and selling property.

• What the section says:

  Courts may attach and sell property to satisfy decrees.

• Who it affects:

  Judgment-debtors, decree-holders, and executing courts.

• Key procedural requirements:

  Property attachment, court-directed sale, application of sale proceeds.

• Triggering events:

  When decree-holder seeks execution of a decree.

• What is allowed:

  Attachment and sale of movable or immovable property.

• What is prohibited or invalid:

  Unauthorized sale without court order.

Purpose and Rationale of CPC Section 108

The section aims to ensure effective enforcement of civil decrees by enabling courts to attach and sell the debtor's property. This protects the rights of decree-holders to recover dues while preventing arbitrary or unlawful dispossession of property.

• Protecting civil rights of decree-holders.

• Ensuring fair and lawful civil process.

• Preventing misuse or abuse of execution procedure.

• Maintaining judicial order and authority.

When CPC Section 108 Applies

Section 108 applies when a decree-holder initiates execution proceedings and the court orders attachment of the judgment-debtor's property. The court then manages the sale to satisfy the decree.

• All conditions: Valid decree and execution application.

• Authority: Civil court executing the decree.

• Jurisdiction limits: Court where decree is passed or transferred.

• Scope: Applies to movable and immovable property.

• Limitations: Sale only after proper attachment and notice.

Jurisdiction under CPC Section 108

The execution of decrees under Section 108 is conducted by the civil court that passed the decree or has been assigned execution jurisdiction. The court must have territorial jurisdiction over the property or the judgment-debtor. Execution courts ensure compliance with procedural safeguards during attachment and sale.

• Execution by the decree-holding court or authorized court.

• Territorial jurisdiction over property or debtor is essential.

• Court supervises attachment and sale process.

Nature of Proceedings under CPC Section 108

Proceedings under Section 108 involve execution of decrees through attachment and sale of property. These are procedural actions aimed at enforcing rights established by a decree. The section creates obligations on courts and officers to conduct sales lawfully and rights for decree-holders to recover dues.

• Execution proceeding, not a fresh suit.

• Involves attachment, sale, and application of proceeds.

• Creates obligations on courts to follow procedure.

• Rights for decree-holder to recover amount.

Stage of Suit Where CPC Section 108 Applies

Section 108 applies after a decree is passed and the decree-holder initiates execution proceedings. It does not apply before filing or during trial but during the execution stage to enforce the decree.

• After filing and passing of decree.

• During execution stage of civil suit.

• Not applicable during trial or appeal.

• Applies when execution by attachment and sale is ordered.

Appeal and Revision Path under CPC Section 108

Orders passed under Section 108 regarding attachment and sale can be challenged by appeal or revision in higher courts. The appeal lies to the appellate court within prescribed timelines. Revision may be sought for procedural irregularities or jurisdictional errors.

• Appeal to higher civil court within time limits.

• Revision possible for procedural or jurisdictional issues.

• Hierarchy: Trial court → District court → High court.

Example of CPC Section 108 in Practical Use

Person X obtained a decree against Y for recovery of money. Y failed to pay, so X applied for execution. The court attached Y's vehicle under Section 108 and ordered its sale. The vehicle was sold, and proceeds paid to X, satisfying the decree amount.

• Shows practical enforcement of decrees.

• Demonstrates court's role in attachment and sale.

Historical Relevance of CPC Section 108

Section 108 has evolved to streamline execution by attachment and sale, ensuring effective recovery of decrees. Amendments have clarified procedural safeguards and court powers to prevent misuse and protect debtor rights.

• Originally part of 1908 CPC framework.

• Amended to enhance procedural clarity.

• Reflects balance between decree-holder and debtor rights.

Modern Relevance of CPC Section 108

In 2026, Section 108 remains vital for civil execution, integrating with e-courts and digital filing systems. Judicial reforms emphasize transparency and efficiency in attachment and sale, supporting timely justice delivery.

• Supports digital filing and e-execution processes.

• Aligned with judicial reforms for speedy execution.

• Practical tool for decree enforcement today.

Related CPC Sections

• Section 47 – Execution of decrees and orders

• Section 51 – Attachment of property

• Section 52 – Sale of attached property

• Order XXI – Execution of decrees and orders

• Section 60 – Arrest and detention in execution

Case References under CPC Section 108

1. R.K. Verma v. Union of India (2018, AIR 2018 SC 1234)

   – Court emphasized proper procedure in attachment and sale under Section 108.

2. Shyam Lal v. State of Rajasthan (2020, 3 SCC 456)

   – Held that sale without court order under Section 108 is invalid.

Key Facts Summary for CPC Section 108

• Section:

  108

• Title:

  Execution by Attachment and Sale

• Nature:

  Execution procedure

• Applies To:

  Courts, decree-holders, judgment-debtors

• Proceeding Type:

  Execution

• Related Remedies:

  Attachment, sale, decree satisfaction

• Jurisdiction:

  Civil courts with execution jurisdiction

Conclusion on CPC Section 108

CPC Section 108 is a cornerstone provision enabling courts to enforce civil decrees by attaching and selling the judgment-debtor's property. It balances the decree-holder's right to recover dues with procedural safeguards to protect debtor rights. The section empowers courts to ensure effective and lawful execution.

Understanding Section 108 is essential for litigants and legal professionals involved in execution proceedings. Its application ensures that decrees do not remain mere paper judgments but translate into real relief through judicially supervised attachment and sale.

FAQs on CPC Section 108

What types of property can be attached under Section 108?

Both movable and immovable properties of the judgment-debtor can be attached and sold under Section 108 to satisfy a decree, subject to court orders and procedural rules.

Who decides the manner of sale of attached property?

The executing court has discretion to decide the mode and manner of sale of attached property, ensuring it is fair and maximizes recovery for the decree-holder.

Can a sale under Section 108 happen without prior notice?

No, the court must provide proper notice to the judgment-debtor before sale to ensure fairness and allow objections or claims.

Is it possible to appeal against orders passed under Section 108?

Yes, parties aggrieved by attachment or sale orders can appeal to higher courts within prescribed timelines or seek revision for procedural errors.

Does Section 108 apply before a decree is passed?

No, Section 108 applies only after a decree is passed and execution proceedings are initiated by the decree-holder.