CPC 1908 § Order XXI, Rule 32 — Decree for specific performance for restitution of conjugal rights, or for an injuction

Statutory text (English)

(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, the decree may be enforced 1[in the case of a 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 2[* * *] 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 is 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 2[* * *] 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 for one year,
if the judgment-debtor has not obeyed the decree and the decree-holder has applied to have the 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 one year 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.

Illustration
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.

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order XXI, Rule 32 (EXECUTION OF DECREES AND ORDERS): Pakistan Code portal consolidated official PDF 'THE CODE OF CIVIL PROCEDURE, 1908' (First Schedule, Orders I-LI, pp. 58-185), p. 109, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

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Historical text notes

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• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 109) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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