32. Decree for specific performance for restitution of conjugal rights, or for an injunction.- (1) Where the party against whom a decree for the specific performance of a contract, or for restitution of conjugal rights, or for an injunction, has been passed, has had an opportunity of obeying the decree and has willfully failed to obey it he decree may be enforced the case of decree for restitution of conjugal rights by the attachment of his property or, in the case of a decree for the specific performance of a contract or for an injunction by his detention in the civil prison, or by the attachment of his property, or by both. (2) Where the party against whom a decree for specific performance or for an injunction has been passed in a corporation the decree may be enforced by the attachment of the property of the corporation or with the leave of the court, by the detention in the civil prison of the directors or other principal officers thereof, or by both attachment and detention.
(3) Where any attachment under sub-rule (1) or sub-rule (2) has remained in force month ,if the judgment debtor has not obeyed the decree and the decree holder has applied to have attached property sold, such property may be sold; and out of the proceeds the court may award to the decree holder such compensation as it thinks fit, and shall pay the balance (if any) to the judgment debtor on his application. (4) Where the judgment debtor has obeyed the decree and paid all costs of executing the same which he is bound to pay, or where, at the end of six months from the date of the attachment, no application to have the property sold has been made, or if made has been refused, the attachment shall cease. (5) Where a decree for the specific performance of a contract or for an injunction has not been obeyed, the court may, in lieu of or in addition to all or any of the processes aforesaid, 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, and upon the act being done the expenses incurred may be ascertained in such manner as the court may direct and may be recovered as if they were included in the decree. [Explanation.—For the removal of doubts, it is hereby declared that the expression “the act required to be done” covers prohibitory as well as mandatory injunction.] IIIustration A, a person of little substance, erects a building which renders uninhabitable a family mansion belonging to B. A, in spite of his detention in prison and the attachment of his property, declines to obey a decree obtained against him by B and directing him to remove the building. The court is of opinion that no sum realizable by the sale of A’s property would adequately compensate B for the depreciation in the value of his mansion. B may apply to the court to remove the building and may recover the cost of such removal from A in the execution proceedings.
HIGH COURT AMENDMENTS
Allahabad.- For the words “one year”, in sub-rule (3), read the words “three months” and after the words at the end of the sub-rule, ‘on his application”, add the words “the Court may for good cause extend the time.” (24.7.1926).
Andhra, Kerala, Madras and Pondicherry and M.P.- (i) As in Assam, (ii) After “application” add “the Court may on application extend period of three months mentioned herein to such period not exceeding one year on the whole as it may think fit.” (iii) Add after “date of attachment” in sub-rule (4) “or to such extended period which the Court may order under sub-rule (3)”. Assam, Nagaland, Calcutta, Andaman and Nicobar Islands.- For “one year” substitute “three months” in sub-rule (3). Delhi, H.P. and Punjab, Haryana and Chandigarh.- (i) In sub-rule (3) for “one year” substitute “three months”. (ii) Add proviso to sub-rule (3) as follows “Provided that the Court may for sufficient reasons on the application of the J.D., extend the period beyond three months but in no case it shall exceed one year in all.” (iii) In sub-rule (4) for the words ‘one year’ substitute the words “three months” or such other. period as may have been prescribed by the Court. Orissa.- Deleted (14.5.1984). Patna.- In sub-rule (3) for the words “one year” substitute “for three months or for such further period not exceeding one year in the whole as may on sufficient cause shown be fixed by the Court.”
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