S.36 of CPC reads, "The provisions of this Code relating to the execution of decrees shall so far as they are aplicable be deemed to apply to the execution of orders.
O.39 R 2A reads, "In the case of disobedience of order made under rule 1 or 2, the court making the order, may order the property of the person guilty of disobedience or breach to be attached and may also order such person to be detained in the civil person".
In view of S.36 is it not permissable for Executing Court to exercise powers under O.39 R2A?
Is the view correct, that the effect of O.39 R2A amounts to arrest and attachment before judgment and therefore executing court cannot exercise powers u/s 36?
In such cases is it necessary for the litigant to file an application under O.38 R1 or R5 for obtaining relief under O 39 R 2A?
