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, i.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 that crimes are

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