In which of the following ways section 73 differs from the corresponding section 295 of the Code of ...........

Professional Legal Knowledge Civil Procedure Code (CPC)

In which of the following ways section 73 differs from the corresponding section 295 of the Code of Civil Procedure, 1882?

I. The words, ‘where assets are held by a court,’ have been substituted for words, ‘whenever assets are realised by sale or otherwise in execution of a degree.’

II. The words, ‘before the receipt of such assets,’ have been substituted for the words, ‘prior to the realisation’

III. The words, ‘by which such assets are held’ are omitted after the words ‘made application to the court’

IV. The word, ‘passed’ has been added after the word, ‘money’

V. The words, ‘interest in,’ in cl. (b) have been substituted for the words, ‘right against’ to bring the wording of that clause into line with the Transfer of Property Act, 1882. This is a mere verbal alteration

I, III

II, IV

IV, V

All of these

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Explanation:

The correct option is 4 (All of these).

Section 73 of the Code of Civil Procedure, 1908 (CPC) introduces several changes compared to Section 295 of the Code of Civil Procedure, 1882. These include replacing the phrase "whenever assets are realised by sale or otherwise in execution of a decree" with "where assets are held by a court", providing more clarity. Other changes involve substituting "prior to the realisation" with "before the receipt of such assets", omitting "by which such assets are held", adding the word "passed" after "money", and aligning the language with the Transfer of Property Act, 1882.