Section 2(13) CPC — Movable Property

Introduction

Section 2(13) of the Code of Civil Procedure, 1908 defines the expression “Movable Property.” The provision is important because the CPC uses the concept of movable property in several contexts, particularly in relation to execution of decrees, attachment and sale of property, delivery of property, and enforcement of rights.

Under Section 2(13), “movable property” includes growing crops.

The definition is extremely short, but its importance becomes clearer when read with the broader legal distinction between movable and immovable property.

Section at a Glance

Particular	Details
Provision	Section 2(13) CPC
Defined expression	Movable Property
Statutory definition	Includes growing crops
Nature	Inclusive definition
Main relevance	Execution, attachment, sale and delivery of property
Related provisions	Section 51 and Order XXI CPC

Statutory Provision

Section 2(13) CPC provides:

“Movable property” includes growing crops.

This is an inclusive definition.

The CPC does not provide an exhaustive list of everything that constitutes movable property. Instead, it expressly clarifies that growing crops are included within the expression.

Meaning of Movable Property

In simple terms, movable property generally refers to property that is capable of being moved from one place to another.

Examples may include:

• goods;
• vehicles;
• machinery;
• furniture;
• jewellery;
• livestock; and
• other movable assets.

For the purposes of Section 2(13), the important statutory point is that growing crops are expressly included.

Growing Crops

The most important feature of Section 2(13) is the inclusion of growing crops.

Crops are attached to the soil while they are growing. However, for the purposes of the CPC’s definition of movable property, growing crops are expressly treated as movable property.

This statutory inclusion is important because it prevents uncertainty concerning the treatment of crops in civil proceedings and execution.

Why Is the Definition Important?

The classification of property as movable or immovable can affect the manner in which the property is dealt with during civil proceedings.

The distinction can become relevant to:

• attachment;
• sale;
• delivery;
• execution of decrees;
• enforcement of property-related orders; and
• jurisdiction and procedure under particular provisions.

Section 2(13) provides a specific statutory clarification concerning growing crops.

Movable Property vs Immovable Property

The two concepts should be clearly distinguished.

Basis	Movable Property	Immovable Property
General idea	Property capable of being moved	Property attached to the earth or otherwise legally treated as immovable
Section 2(13) CPC	Includes growing crops	Not defined by Section 2(13)
Examples	Goods, vehicles, machinery	Land, buildings and certain interests attached to land
Important point	Growing crops expressly included	Classification may depend on applicable law

The exact meaning of immovable property may be determined with reference to other applicable statutes, particularly the General Clauses Act and the Transfer of Property Act.

Inclusive Nature of Section 2(13)

The word “includes” is significant.

Section 2(13) does not say that movable property means only the things specifically mentioned in the provision.

Instead, it expressly includes growing crops within the broader concept of movable property.

Therefore:

Movable Property → includes Growing Crops

The provision should not be interpreted as meaning:

Movable Property = only Growing Crops.

Growing Crops and Execution Proceedings

The inclusion of growing crops becomes particularly relevant in execution proceedings.

Where property is liable to be attached or dealt with in execution, the statutory classification of the property can become important.

Order XXI CPC contains detailed provisions concerning execution, including attachment and sale of property.

The specific manner in which crops may be dealt with will depend upon the applicable execution provisions and the circumstances of the case.

Example — Growing Crop

A obtains a money decree against B.

B owns agricultural land on which a crop is growing.

The crop is expressly included within the definition of movable property under Section 2(13).

Therefore, its treatment in an execution proceeding can be considered under the provisions applicable to movable property, subject to the specific rules governing execution.

Example — Machinery

A owns machinery used in a factory.

The machinery can ordinarily be moved from one place to another without changing its essential character.

It is therefore an example of movable property.

The example illustrates that Section 2(13) is not limited to crops; the provision merely expressly clarifies that growing crops are included.

Example — Vehicle

A vehicle is capable of being moved and is ordinarily treated as movable property.

If a decree is being executed against the owner, the vehicle may be subject to the applicable provisions concerning attachment and sale, subject to any statutory exemption or restriction.

Movable Property and Attachment

Attachment is an important part of execution proceedings.

The CPC permits execution against property in accordance with the modes and limitations prescribed by law.

The classification of property as movable or immovable may affect the applicable procedural requirements.

Order XXI contains rules concerning attachment and sale of different categories of property.

Movable Property and Sale

Where movable property is attached in execution, the CPC provides procedures for dealing with its sale.

The precise procedure depends upon the nature of the property and the applicable provisions of Order XXI.

Therefore, understanding Section 2(13) assists in identifying the category of property to which particular execution procedures may apply.

Movable Property and Delivery

In appropriate cases, a decree may require the delivery of movable property.

For example, if A obtains a decree for delivery of a specific movable item from B, the execution process may involve the rules governing delivery of movable property.

Again, the applicable procedure depends upon the particular decree and the relevant provisions of the CPC.

Section 51 and Movable Property

Section 51 CPC deals with the powers of the Court to enforce execution of a decree.

Among the recognised modes of execution is the attachment and sale of property.

Movable property may therefore become relevant when a decree-holder seeks enforcement through attachment and sale.

Order XXI and Movable Property

Order XXI contains the principal procedural provisions concerning execution.

It deals with matters including:

• attachment of property;
• sale of attached property;
• delivery of property;
• execution against different categories of property; and
• other enforcement mechanisms.

Section 2(13) provides the statutory classification that specifically includes growing crops within movable property.

Movable Property vs Growing Crops

A common question is:

If crops are growing from the soil, why are they treated as movable property?

The answer is that Section 2(13) expressly includes growing crops within the definition of movable property for the purposes of the CPC.

The statutory classification therefore applies even though crops are physically connected with the soil while growing.

Common Confusions

Section 2(13) Says Movable Property Means Only Growing Crops

Incorrect.

The provision states that movable property includes growing crops.

It does not restrict movable property to crops.

Everything Attached to the Earth Is Immovable Property

Not necessarily.

The legal classification of property depends upon the applicable statutory definitions and legal principles.

Section 2(13) specifically provides an exception-like statutory inclusion by treating growing crops as movable property for CPC purposes.

Movable Property Means Only Tangible Goods

Not necessarily.

The broader legal classification can depend upon the nature of the property and the applicable law.

For CPC purposes, the key express statutory point is the inclusion of growing crops.

Section 2(13) Gives a Complete List of Movable Property

Incorrect.

It is an inclusive definition and does not provide an exhaustive catalogue.

Importance for Law Students and Judiciary Exams

Section 2(13) is one of the shortest definitions in Section 2 CPC and is therefore easy to remember.

What to Remember

• Section 2(13) defines Movable Property.
• The definition is inclusive.
• Growing crops are expressly included.
• The provision is relevant to execution proceedings.
• Order XXI is important for attachment and sale of property.
• Movable and immovable property are distinct legal categories.
• The exact treatment of property may depend on the applicable statutory provisions.

Important Questions to Prepare

1. Define “Movable Property” under Section 2(13) CPC.
2. What does Section 2(13) expressly include within movable property?
3. Why are growing crops included within movable property?
4. Is Section 2(13) an exhaustive definition?
5. Explain the significance of the word “includes” in Section 2(13).
6. Distinguish between movable and immovable property.
7. What is the relevance of movable property in execution proceedings?
8. Explain the relevance of Section 2(13) to Order XXI CPC.
9. Can growing crops be treated as movable property under the CPC?
10. What is the significance of classification of property during execution?

Key Legal Principles

1. Growing crops are expressly included

This is the central statutory rule under Section 2(13).

2. The definition is inclusive

The provision does not exhaustively list every type of movable property.

3. Classification matters in execution

Whether property is movable or immovable can affect the applicable execution procedure.

4. The CPC expressly treats growing crops as movable property

This statutory treatment applies despite their connection with the soil while they are growing.

Key Takeaways

Concept	Principle
Provision	Section 2(13) CPC
Defined term	Movable Property
Exact statutory point	Includes growing crops
Nature	Inclusive definition
Important example	Growing crops
Main procedural relevance	Execution proceedings
Related provision	Section 51 CPC
Important procedural rules	Order XXI CPC
Key distinction	Movable property is distinct from immovable property

ALSO READ: Section 2(12) – Mesne Profits

Conclusion

Section 2(13) CPC provides an inclusive definition of movable property and expressly states that growing crops are included within the expression.

Although the provision is brief, it is significant in the context of execution and property-related proceedings because the classification of property can determine the applicable procedural rules.

For examination purposes, the provision can be remembered in one line:

Section 2(13) = Movable Property includes Growing Crops.