section 11
Execution barred in certain cases
The Punjab Debtors' Protection Act, 1936Finance193612 sections
Statutory text
- (1) Notwithstanding anything to the contrary contained in any other enactment for the time being in force, where an application has been made to execute a decree passed after the commencement of this Act against a debtor as defined in sub-section
- (2) of section 7 of the Punjab Relief of Indebtedness Act, 1934 and not being a decree granting an injunction, no order for the execution of the same decree shall be made upon any fresh application presented after the expiration of six years from—
- (a) the date of the decree sought to be executed, or
- (b) where the decree or any subsequent order directs any payment of money or the delivery of any property to be made at a certain date or at recurring periods the date of the default in making the payment or delivery in respect of which the applicant seeks to execute the decree.
- (2) Nothing in this section shall be deemed—
- (a) to preclude the Court from ordering the execution of a decree upon an application presented after the expiration of the said term of six years, where the judgement-debtor has, by fraud or force, prevented the execution of the decree at some time within six years immediately before the date of the application ; or
- (b) to limit or otherwise affect the operation of article 183 of the First Schedule to the Indian Limitation Act, 1908. 11-A. Execution barred in cases where land is exempt from attachment or sale Nothwithstanding anything contained in the Code of Civil Procedure, 1908, no decree for the payment of money shall be executed by the sale without attachment, or by the appointment of a receiver of land or the produce of land or an interest in land, which under any law for the time being in force, is exempt from attachment or sale. 11-B. Power to direct payment of decretal amount by instalments The Court may, at any time on the application of a judgement-debtor, after notice to the decree-holder, direct that the amount of any decree passed against him, whether before or after the commencement of the Punjab Moneylending and Debtors' Protection Laws (Extension and Amendment) Act, 1960, in respect of a loan shall be paid in such number of instalments and subject to such conditions , on the dates fixed by it, having regard to the circumstances of the judgement debtor and the amount of the decree, as it considers fit. During the pendency of an enquiry under this section, the court may, subject to such conditions as it may impose, order the stay of execution of the decree. Such order shall be deemed to have been passed under section 47 of the Code of Civil Procedure, 1908. 11-C. Prohibition of charge for expenses on loans No money lender shall receive from a debtor or intending debtor any sum other than reasonable costs of investigating title to the property, costs of stamp, registration of documents and other usual out of pocket expenses in cases where an agreement between the parties includes a stipulation that property is to be given as security or by way of mortgage and where both parties have agreed to such costs and reimbursement thereof or where such costs, charges or expenses are leviable under any law for the time being in force.
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