A court has the discretion to order the attachment and sale of property in execution of a decree, but this discretion must be exercised judiciously and in accordance with the relevant provisions of law.

Devinder Gupta, J.—Two orders of Senior Sub Judge, Sirmur at Nahan passed in an execution petition on 26th May, 1992 and 17th June, 1992 are under challenge in this civil revision.

2. The respondent-bank was granted decree on 15th January, 1987 for recovery of Rs. 34,202.56 paise on account of principal and interest alongwith costs and future interest at the agreed rate. The decretal amount was allowed to be paid by instalments of Rs. 850 per month. On failure to pay any instalment on due date, the judgment-debtor was held entitled to execute the decree,

3. On 30th January, 1992, the decree holder took out execution proceedings stating that Rs 90,784 had become due inclusive of interest and costs, which the judgment-debtors had failed to pay. Notice of execution was directed to be issued to judgment-debtors, who put in appearance and the execution was thereafter kept for conciliation. On 26th May, 1992. when conciliation could not be effected, the Court directed warrant of attachment to be issued against the moveable and immoveable property of the judgment debtors. The order reads as under:— "Conciliation not effected. Warrant of attachment of immoveable and moveable property be issued on filing of process fee and list of property returnable by 17-6-1992."

4. On the date fixed, namely, 17th June, 1992, for which date the warrants were made returnable, the Court passed the following order :— "Warrant of attachment received duly executed- Now warrant of sale of property attached be issued in the name of Collector, Nahan for actual sale on spot by 26-7-1992; Sale be proclaimed on 26-6-1992 and report be called by 29-7-1992."

5. Both the aforementioned orders are under challenge. At the time of hearing, learned Counsel for the decree-holder/respondents stated that as per instructions received by him from the bank, Rs 30,000 has since been received from the judgment-debtors. The challenge by the judgment-debtors is against the order of attachment of their entire property as also for sale of immoveable property, which according to them is contrary to law.

6. Counsel for the parties stated that the revision petition may be finally disposed of. 1 have heard them and gone through the various orders passed in the case, copies of which have been produced on record.

7. The Court while making the order as regards the attachment of moveable and immoveable property of the judgment-debtors and sale of immoveable property on the face of it did not take into consideration the salutary provisions of law and various pronouncements in this regard of the Apex Court and of this Court.

8. From the order dated 17th June, 1992, it cannot be ascertain as to whether the sale warrant has been directed to be issued against both the moveable and immoveable property or against the immoveable property alone However, since the sale warrant has been directed to be issued through the Collector, it is presumed that it must be pertaining to the immoveable property of the judgment-debtors.

9. The Code of Civil Procedure (hereinafter referred to as the Code)’ prescribes various modes available to the executing Court while executing a decree. One of the modes is attachment and sale or by sale without attachment of any property Every mode is subject to such conditions and limitations as may be prescribed One of the other mode is by executing the decree against the person by arrest and detention in civil prison. Order 21, Rule 21 of the Code empowers the Court in its discretion to refuse execution at the same time against the person and property of judgment-debtor. In a money decree, decree can be executed by virtue of Order 21, Rule 30 by the detention in civil prison of the judgment-debtor or by attachment and sale of the property or by both modes There is nothing in the Code or any other law, which lays down positively that several applications for execution of a decree cannot be filed simultaneously or several modes cannot be adopted simultaneously for executing th