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Report No. 144

Chapter VIII

Orders 21 to 30

8.1. Order 21, rule 32 (5), C.P.C.

8.1.1. In the Code of Civil Procedure, there is a provision for punishing disobedience to an injunction issued by the Court. Order 21, rule 32 of the Code deals with the subject. Apart from arrest of the judgment-debtor or attachment of his property for such disobedience, Order 21, rule 32, sub-rule (5) provides that where a decree for specific performance of a contract or for an injunction has not been obeyed, the court may, in lieu of or in addition to the other processes mentioned above, direct that "the act required to be done" may be done, so far as practicable, by the decree-holder or some other person appointed by the Court, at the cost of the judgment-debtor. Upon the act being done, the expenses incurred in doing it may be ascertained in such manner as the Court may direct and may be recovered' as if these expenses were included in the decree.

Conflicting Judicial Decisions pertaining to the Code of Civil Procedure Back

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