Law Of Equality Protects Rights Of The Judgment Debtor: A Discourse In Reference To Order XXI Of The Code Of Civil Procedure 1908

Abstract

Code of Civil Procedure (hereafter ‘CPC’) provides provisions for filing of civil suits, interpleader suits and suits of common law remedies like injunction. These remedies are destined to provide efficacious relief to the litigants in conformance to the principles of equity, justice and good conscience. This paper endeavours to decipher the provisions of law on execution in particular reference to the rights of the judgment debtor on sale of movable properties. The paper aims to analyze the text of sub-rule (3) of Rule 77 of Order XXI of CPC to weigh the rights of a judgment debtor and a co-owner in a suit of execution of decree for sale of movable property.