( 1 ) I agree with my learned brother that the question should be answered in the negative. Since the question is of great importance, I shall state my reasons in my own words.

( 2 ) THE scheme of the Civil Procedure Code is that in one proceeding the court determines the liability of a party and the corresponding right of the other party and incorporates them in the decree and in another proceeding it executes the decree,. e. , at the instance of one party specifically enforces the liability against the other. There can be no execution or specific enforcement of a liability without a previous determination of the liability by a court and incorporated in a formal document called a decree. The Code does not contemplate the determination of a liability and its specific enforcement in one proceeding. This is one of the main differences between a criminal proceeding and a civil proceeding that in the former the execution follows at once in the same proceeding whereas in the latter it is through a separate proceeding. In the article "the Distinguishing Mark of Crime" Seton Pollock writes in (1959) 22 modern Law Review, 495, at page 496:

"it appears to be true without exception