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(..16..)

EXECUTION

(Ss. 36, 74 and O. XXI).

QUESTION BANK

1. What property can be attached and sold to execute a decree?

2. What is meant by the execution of decrees? State the powers of the Execution Court.

3. Discuss the concept of the 'stay of execution.

4. Explain modes of executing the decree.

5. Write a note on 'sale of the property'.

6. Write provisions as to arrest and detention in the execution of judgment.

SHORT NOTES

1. Attachment.

2. Sale.

3. Stay of execution.

4. Enforcement, arrest and diction.

5. General principles of execution.

6. Questions to be determined while executing the decree.

SYNOPSIS

I. EXECUTION: MEANING-

II. COURT EXECUTING A DECREE-

1) Court Passing a decree (S. 37)-

2) Courts by which decrees may be executed (S.38)-

3) Powers and duties of executing Court-

III. APPLICATION FOR EXECUTION-

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a) Contents of the application (R. 11)-

b) Persons who can present application (10)-

c) Persons against whom execution is carried on-

IV. STAY OF EXECUTION-

1) Stay of execution by transferee Court (R. 26 (1))-

2) Seizure and restitution of property and detention of judgment-debtor (R. 26 (2),

R. 27)-

3) Stay of execution pending suit (R. 29)-

V. QUESTIONS TO BE DETERMINED BY THE COURT EXECUTING DECREE-

a) Conditions to be required for application of S. 47-

b) Questions not relating to execution, discharge or satisfaction-

VI. MODE OF EXECUTION-

1) Decree for the payment of money (O. 21, R. 30)-

2) Delivery of any property -

3) Decree for specific performance of contract, injunction and restitution of conjugal

rights, etc (R. 32)-

4) Decree for partition (S. 54)-

5) Attachment and sale of property (S. 51 (b))-

a) Property liable to be attached (S. 60)-

b) Properties not liable to be attached (S. 60)-

VII.

SALE OF PROPERTY (R. 64 TO 73 OF O. XXI)-

a) Attached property to be sold (O. XXI, R. 64 & 65)-

b)Proclamation of sale (S. 66 and 67)-

c) Modes of making proclamation (R. 67)-

d) Time of Sale (R. 68)-

e) Adjournment of sale (S. 69)-

f) The sale is to be stopped if the debt is paid (R. 69 (3))-

g) Defaulting purchaser answerable for loss on re-sale (R. 71)-

h) Restrictions to bid (Rr. 72 and 73)-

i) Sale of movable property (Rr. 74 to 81)-

(1) Sale of agricultural produce (R. 74 and 75)-

(2) Negotiable instruments and shares (R. 76)-

(3) Payment of price (77)-

(4) Irregularity not to vitiate sale (R. 34)-

j) Sale of immovable property (Rr. 82 to 96)-

(1) What Court may order sale (R. 32)-

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(2) Postponement to raise the amount of decree (R. 83)-

(3) Deposit payment of the price (Rr. 84 to 87)-

(4) Bid by Co-owner (R. 88)-

k) Setting aside sale (Rr. 89 to 92)-

(1) Application to set aside the sale on deposit (R. 89)-

(2) Application to set aside the sale on the ground of irregularity or fraud (R.

90)-

(3) Application by the purchaser (R. 91)-

(4) Sale when becomes absolute or be set aside (R. 92)-

l) Certificate of sale (R. 94)-

VIII. ARREST AND DETENTION.

a) Execution of which decrees arrest and detention may be ordered?

b) Persons who cannot be arrested and detained-

c) Period of detention (S. 58)-

d) Release of Judgment debtor from detention (S. 58 and 59)-

I. EXECUTION: MEANING-

The term 'execution' has not been defined in the Code. However, it may be defined

as 'the enforcement by the process of the Court of its own decrees and orders. In other

words, 'execution' is "the enforcement of decree and orders by the process of the Court,

so as to enable the decree-holder to realise the fruits of the decree". Execution may also

be called "the formal procedure prescribed by law whereby the party entitled to the

benefit of a judgment may obtain that benefit". The function of executing the Court is

judicial and not merely administrative. Only those decrees and orders that are executable

and not barred by the limitation can be executed, e.g., money decrees, decrees for

partition, decrees for specific performance, and decrees for mandatory injunctions. In

other words, mere declaratory decrees are not executable, e.g., declarations as to the civil

death of any person, declarations of title, declarations of legal relationships, decrees for

prohibitory injunctions, etc.

Thus, suppose a Court passes a decree against 'B' to Pay 'A' rupees 10,000, and in

spite of the decree ', B' does not pay the amount. A can file an execution proceeding in

the Court against B and get the decretal amount recovered. Here, A (a person in favour

of whom a decree is passed) is called a decree-holder or a judgment-creditor, B (a

person against whom a decree is passed) is called a decree-debtor, and the amount of

Rs. 10,000 is called a decretal amount or judgment-debt, the Court executing decree

is called as the 'executing Court'.

Modes of execution of decrees and orders are set out in Ss. 36, 74 and O. XXI of

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the Code.

II. COURT EXECUTING A DECREE-

A decree may be executed either by the Court which passed it or by the Court to

which it is sent for execution (S. 38).

1) Court Passing a decree (S. 37)-

The expression 'Court which passed a decree includes the following Courts-

(i) the Court of the first instance, which actually passed the decree.

(ii) Where the decree to be executed has been passed in the exercise of the appellate

jurisdiction, the appellate decree merges in that of the Court of the first instance

(as if it has, itself, passed the original decree).

(iii) Where there is no appeal, the decree to be executed is the decree of the Court of the

first instance.

(iv) where the Court of the first instance has ceased to have jurisdiction to execute the

decree, the Court which at the time of execution would have had jurisdiction to

try the suit.

2) Courts by which decrees may be executed (S.38)-

A decree may be executed by the Court which passed it or by the Court to which it

is sent for execution (S. 38).

In the following conditions, the decree is sent for execution to another Court, viz-

(i) if the judgment debtor actually and voluntarily resides, carries on business or

personally works for gain within the jurisdiction of the other Court or

(ii) if the judgment-debtor has no property sufficient to satisfy the decree within the

jurisdiction of the Court passing the decree but has property within the jurisdiction

of such other Court; or

(iii) if the decree directs the sale or delivery of immovable property outside the

jurisdiction of the Court passing it or

(iv) If the Court passes, it is considered that it should be executed by the other Court.

3) Powers and duties of executing Court-

Following are the general powers and duets of the executing Court, viz-

i) the transferee Court has the same powers as if it has passed the decree itself (S 41).

ii) No Court can execute a decree in respect of property situated entirely outside its local

jurisdiction.

iii) An executing Court cannot go behind the terms of the decree. In other words, the

Court executing has to execute it according to the terms of the decree, and it cannot

vary or modify the terms of the decree.

iv) The decree that is passed without jurisdiction or that is null cannot be executed.

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v) If the terms of a decree are vague or ambiguous, the Court executing can construe it to

ascertain its precise meaning by referring to the judgment and pleading.

vi) The court executing can decide if the decree is executable or not.

vii) The court executing can order attachment of property.

viii) in the case of a decree against a partnership firm, the Court executing possesses the

power to grant leave to execute such decree against any partner.

III. APPLICATION FOR EXECUTION-

Execution is a judicial proceeding. Every execution proceeding starts with the filing

of an application by the decree-holder against the decree-debtor (R. 10). It is to be filed in

executing Court. Rules 10 to 25 and 105 to 106 of O. XXI deals with execution application.

a) Contents of the application (R. 11)-

Application for execution shall be written; however, in case of decree for payment

of money, it may be oral (R. 11).

Application for execution shall contain, in a tabular form, the following particulars-

(1) Number of the suit;

(2) Name of the parties;

(3) Date of the decree;

(4) Whether any appeal has been preferred from the decree;

(5) Whether any and (if any) what payment or another adjustment of the matter in

controversy has been made between the parties subsequent to the decree.

(6) the amount with interest (if any) due upon the decree or other relief granted

thereby, together with particulars of any cross decree whether passed before or

after the date of the decree sought to be executed.

(7) the amount of cost (if any) awarded.

(8) the name of the person against whom the execution of the decree is sought and

(9) the mode in which assistance of the Court is required,

Whether- (a) by the delivery of any property specifically decreed,

(b) by the attachment of and sale or by the sale without attachment of

any property.

(c) by arrest and detention in prison of any person,

(d) otherwise (as the nature of the relief granted may require).

An application shall be signed and verified by the applicant or by some other

person (acquainted with the facts of the case).

b) Persons who can present application (10)-

The following persons may file an application for execution, viz-

(1) Decree-holder.

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(2) Legal representatives of decree-holder.

(3) Person claiming under the decree-holder (S. 146).

(4) Transferee of the decree-holder (S. 146).

(5) One or more decree holders (R. 15).

c) Persons against whom execution is carried on-

There are the following persons against whom execution may be carried on, viz-

(1) Judgment-debtor.

(2) Legal representatives of judgment-debtor, if the judgment debtor is dead

(S. 50)

(3) Persons are claiming under the judgment-debtor (S. 146).

(4) Surety of the judgment-debtor (S. 150).

IV. STAY OF EXECUTION-

'Stay of execution' means the suspension of the act of completion of carrying into

effect the decree or order of a Court.

1) Stay of execution by transferee Court (R. 26 (1))-

The executing Court shall, on sufficient cause being shown and on the judgment-

debtor furnishing security or fulfilling such conditions as may be imposed on him, stay

execution of a decree for a reasonable time to enable the judgment-debtor to apply to the

Court which has passed the decree or to the appellate Court for an order to stay the

execution.

Before making an order to stay, restitution, or discharge, the Court shall take

security from or impose proper conditions upon the judgment-debtor (R. 26 (3).

The transferee Court is bound by an order made by the Court that passed the decree

or by an appellate Court regarding the execution of such decree (R. 28).

2) Seizure and restitution of property and detention of judgment-debtor (R. 26 (2), R.

27)-

The Court can seize property or detain a judgment debtor under execution.

However, the Court may order the restitution of such property to the judgment debtor or

discharge him pending the result of the application. However, the order of such restitution

or discharge does not prevent the Court from restarting the execution proceeding (R. 27).

3) Stay of execution pending suit (R. 29)-

Where a suit by the judgment debtor against the decree-holder is pending in a Court,

such Court may, on the judgment-debtors furnishing security or otherwise as it thinks fit,

stay execution of the decree until the disposal of such suit.

Thus, R. 29 enables parties to (i) adjust their claims against each other and (ii)

prevent a multiplicity of proceedings.

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Thus, there must be two matters pending before one Court- viz-

One in which a decree is executed by the decree-holder against the judgment debtor and

another by the judgment debtor against the decree-holder.

The provision of stay of execution of a decree for a pending suit is, however,

discretionary.

V. QUESTIONS TO BE DETERMINED BY THE COURT EXECUTING DECREE-

S. 47 of the Code provides that matters (questions) relating to the execution,

discharge, or satisfaction of a decree arising between the parties (including a purchaser of

a share in execution) should be determined by the executing Court in the execution

proceedings and not by a separate suit.

The main object of this section is to check needless litigation and to enable parties

to obtain adjudication of a question relating to execution without unnecessary expense or

delay, which a fresh trial might require.

a) Conditions to be required for application of S. 47-

(1) The question must be one arising between the parties (or their representatives) to the

suit in which the decree is passed and

(2) It must relate to-

(i) the execution, discharge or satisfaction of the decree, or

(ii) whether any person is or is not the representative of a party;

(iii) dispute between Government and pauper party regarding payment of Court

fees. (O. 33 R. 13).

b) Questions not relating to execution, discharge or satisfaction-

Following are the questions which are not related to the execution, discharge or

satisfaction, viz-

(1) Question as to the validity of the decree;

(2) Mal-administration of judgment-debtor's estate;

(3) Payment made before the decree but not adjusted by the decree-holder, etc.

VI MODE OF EXECUTION-

There are a number of modes of execution of the decree. According to S. 51, a

decree may be enforced by delivery of any property specified in the decree, by attachment

and sale, by arrest and detention, by appointing a receiver, by effecting partition or in such

other manner as the nature of the relief may require. The decree-holder has to decide the

mode of execution of the decree in his favour. He may opt for one or other modes of

execution of the decree. However, the Court may, in its discretion, refuse execution at the

same time against the person and property of the judgment-debtor (O. 21 R. 21).

Modes of execution of decree under the Code-

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There are following modes of execution of decrees, viz-

1) Decree for the payment of money (O. 21, R. 30)-

Every decree for the payment of money, including a decree for the payment of

money as the alternative to some other relief, may be executed-

a) by the detention in the civil prison of the judgment-debtor, or

b) by the attachment and sale of his property or

c) by both.

2) Delivery of any property -

The decree for any specific movable property may be executed –

a) by seizure, b) by detention, c) by attachment and d) by both detention and

attachment (R. 31).

b) The decree for immovable property-

The decree for immovable property in possession of the judgment debtor or in

possession of the person bound by the decree is executed by removing the debtor or any

person bound by the decree and delivering possession thereof to the decree-holder (R. 35

and 36).

3) Decree for specific performance of contract, injunction and restitution of conjugal

rights, etc (R. 32)-

Decree for the specific performance of a contract or for an injunction is to be

enforced by the detention of the judgment-debtor in prison, by the attachment of his

property or by both.

The decree for restitution of conjugal rights is to be executed by the attachment of

the judgment-debtor's property.

4) Decree for partition (S. 54)-

The decree for partition and separate possession is to be executed by the Collector

by actual partition and separate possession of the share in the undivided property.

5) Attachment and sale of property (S. 51 (b))-

S. 51 (b) empowers the Court to order the execution of a decree by attachment and

sale or direct sale without attachment of any property. Property may be attached before

judgment (as discussed earlier) or in execution. (We are dealing with this topic with

attachment in execution.)

a) Property liable to be attached (S. 60)-

The following properties are to be attached and sold in execution of the decree, viz-

(i) land, (ii) houses or other buildings; (iii) goods; (iv) money and bank-notes; (v) cheques,

bills of exchange, hundis and promissory notes; (vi) Government securities, bonds and

other securities for money; (vii) debts, (viii) shares in a company, (ix) all other sellable

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property, (movable or immovable), belonging to the judgment-debtor (or over which, or

the profits of which he has a disposing power).

b) Properties not liable to be attached (S. 60)-

The following properties are not liable to be attached, viz-

(i) the necessary wearing apparel, cooking vessels, beds and beddings of the judgment-

debtor, his wife and children, and such personal ornaments as, in accordance with

religious usage, cannot be parted with by any woman. Ornaments on the body of a

Hindu wife form part of her stridhan and, therefore, cannot be attached to the execution

of a decree against her husband.

(ii) tools of artisans and where the judgment-debtor is an agriculturist, his implements of

husbandry and such cattle and seed grain as may, in the opinion of the Court, be

necessary to enable him to earn his livelihood as such, and such portion of agricultural

produce or of any class of agricultural produce as may have been declared to be free

from liability under the provision of the next following sections.

(iii) houses and other buildings (with the materials and the sites thereof and the land

immediately appurtenant thereto and necessary and necessary for their enjoyment)

belonging to an agriculturist or a labourer or a domestic servant and occupied by him;

(iv) books of account;

(v) stipends and gratuities allowed to pensioners of the Government or of local authority

or of any other employer or payable out of any service family pension fund notified in

the official Gazette by the Central Government or the State Government on this behalf,

and political pensions;

(vi) the wages of labourers and domestic servants were payable in money or kind,

VII. SALE OF PROPERTY (R. 64 TO 73 OF O. XXI)-

a) Attached property to be sold (O. XXI, R. 64 & 65)-

Any Court executing decree may order that any property attached by it and liable to

sale or such portion thereof as may seem necessary to satisfy decree, shall be sold and that

the proceeds of such sale, or a sufficient portion thereof, shall be paid to the party entitled

under the decree to receive the same.

Every sale in execution of a decree shall be conducted by an officer of the Court by

public auction.

b) Proclamation of sale (S. 66 and 67)-

After the attachment and order of sale of a property by public auction, the Court

causes proclamation of intended sale to be made in the language of such Court. Such

proclamation is to be drawn after notice to the decree-holder and judgment debtor.

Such notice should specify the time and place of sale and following particulars as

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to property as fairly and accurately as possible-

(a) property or part thereof,

(b) the revenue assessed upon the estate,

(c) encumbrance, if any, upon property,

(d) the amount for the recovery of which sale is ordered, and

(e) every other thing which the Court considers material for a purchaser to know in order

to judge the nature and value of the property (R. 66).

c) Modes of making proclamation (R. 67)-

According to R. 67, every proclamation shall be made and published in the manner

prescribed by O. XXI R. 54 (2) relating to the attachment of immovable property.

It provides that the order shall be proclaimed at some place on or adjacent to such property

by beating of a drum or the customary mode, and a copy of such proclamation shall be

affixed on a conspicuous part of the property and then on a Courthouse and in the collector's

office (in case of revenue paying land). If the Court so desires, it shall also be published in

the local official Gazette, in a local newspaper or both.

d) Time of Sale (R. 68)-

No sale shall take place without the consent of the judgment debtor before 15 days

in case of immovable property or before 7 days in case of movable property, from the date

of affixing the proclamation in the Courthouse. However, no permission, as mentioned

above, is required if the property ordered to be sold subject to speedy and natural decay or

the expenses of keeping it in custody it is likely to exceed its value.

e) Adjournment of sale (S. 69)-

The Court may adjourn any sale to a specified day and hour, and the officer

conducting any such sale may adjourn the sale, recording his reasons for such adjournment.

However, where the sale is made in or within the precincts of the Courthouse, no

such adjournment shall be made without the leave of the Court.

Where the sale is adjourned for a longer period than 30 days, a fresh proclamation

under S. 67 shall be made unless the Judgment debtor consents to waive it.

f) The sale is to be stopped if the debt is paid (R. 69 (3))-

Every sale shall be stopped if, before the property is knocked down, the debt and

cost is tendered to the officer conducting the sale or paid into the Court.

g) Defaulting purchaser answerable for loss on re-sale (R. 71)-

If the auction purchaser defaults in purchasing the property and, therefore, it

requires being re-sold, and therefore it causes a deficiency of price on re-sale, such

deficiency is to be recovered from the defaulting purchaser.

h) Restrictions to bid (Rr. 72 and 73)-

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(a) No decree-holder or mortgagee can, without the permission of the Court, bid for

or purchase the property (R. 72)-

Where the decree-holder purchases with such permission, the purchase money and

amount due on the decree may be set off, whereas where a decree-holder purchases without

the Court's permission, the Court has the discretion to set aside the sale upon the application

by the Judgment debtor, or on the application of any other person whose interests are

affected by the sale (R. 72).

Similarly, without the leave of the Court, no mortgagee of immovable property can

purchase the property sold in execution of a decree on the mortgage. On granting leave,

the Court shall fix a reserve price; such reserve price shall not be less than the amount then

due for principal, interest and costs in respect of the mortgage (R. 72 A).

This provision is made to safeguard the Judgment debtor's interest for malicious

purchase by the decree-holder.

(b) Restriction on bidding or purchase by the officer (R. 73)-

No officer or other person having any duty to perform in connection with any sale

shall, either directly or indirectly, bid for, acquire or attempt to acquire any interest in the

property sold.

i) Sale of movable property (Rr. 74 to 81)-

1) Sale of agricultural produce (R. 74 and 75)-

Where the property to be sold is agricultural produce, the sale shall be held on or

near the land on which the crop is standing or where the crop has been harvested, at or near

the place where the crop is laying. Such sale shall be postponed if a fair price is not offered

or the owner applies for such postponement.

Where the property to be sold is a growing crop, no sale shall be made until the crop

is harvested (R. 75).

(2) Negotiable instruments and shares (R. 76)-

Where the property to be sold is a negotiable instrument or a share in a crop, the

Court may, instead of directing the sale to be made by public auction, authorizes such sale

through a broker.

(3) Payment of price (77)-

Where the movable property is being sold by public auction, the price of each lot

shall be paid at the time of the sale or as soon as the officer directs. In default of payment,

the property shall forthwith be re-sold.

On payment of the price, the officer shall grant a receipt, and the sale shall become

absolute.

(4) Irregularity not to vitiate sale (R. 78)-

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No irregularity in purchasing or conducting the sale of movable property shall

vitiate the sale, but any person sustaining any injury by reason of such irregularity in the

hand of any other person may institute a suit against him for compensation.

j) Sale of immovable property (Rr. 82 to 96)-

(1) Which Court may order sale (R. 82)-

Any Court other than Small Causes can order the sale of immovable property in the

execution of a decree.

(2) Postponement to raise the amount of a decree (R. 83)-

The Court may postpone the sale of the immobile property to enable the Judgment

debtor to raise the decreed amount by a mortgage, lease or private sale of such property (or

any other property) of the Judgment debtor.

R. 83 lays down that when an order for the sale of immovable property has been

made, the Court may, on the application of the Judgment debtor and on being satisfied that

there is reason to believe that the decreed amount may be raised by the mortgage, lease or

private sale of such property (or, of any other immovable property) of the Judgment debtor,

postpone the sale for a reasonable period.

(3) Deposit payment of the price (R. 84 to 87)-

On every sale of immovable property, the person declared to be the purchaser shall

immediately deposit 25% of the amount of his purchase money to the officer conducting

the sale, and on default of such deposit, the property shall immediately be re-sold. If there

is any deficiency on such re-sale, the defaulting purchaser will be liable for such deficiency

in price.

However, where the decree holder is the purchaser and is entitled to set off the

purchase money, the Court may dispense with the requirement of this rule (R. 84).

The sale amount of purchase –money shall be paid in the Court before the lapse of

15 days from the date of the sale (R. 85).

If the purchaser fails to make the remaining payment (of the purchase price), the

deposit, after defraying the costs of conducting the sale, may be forfeited to the

Government, and the property shall be re-sold after the issue of a fresh proclamation (R.

86, 87, and 71).

(4) Bid by Co-owner (R. 88)-

The bid of a Co-sharer (for the same sum) shall be preferred to that of the stranger

on a sale of the undivided property.

k) Setting aside sale (Rr. 89 to 92)-

Rr. 89 to 90 provides the forms of application for setting aside the sale. We will

discuss them as follows-

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(1) Application to set aside the sale on deposit (R. 89)-

Where an immovable property has been sold in execution of a decree, any person,

either owner or holder of any interest in such property, may apply to have the sale set aside

on his depositing prescribed amount in Court.

(2) Application to set aside the sale on the ground of irregularity or fraud (R. 90)-

Where any immovable property has been sold in execution of a decree, the decree-

holder, or the purchaser or any other person entitled to share in the ratable distribution of

assets or whose interests are affected by the sale may apply to the Court to set aside the

sale on the ground of mutual irregularity or fraud in publishing or conducting it.

(3) Application by the purchaser (R. 91)-

The purchaser can apply to the Court to set aside the sale on the ground that the

Judgment debtor had no salable interest (title) in the property sold.

(4) Sale when becomes absolute or be set aside (R. 92)-

Where no application is made as discussed above, or where such application is

rejected, the Court shall make an order confirming the sale, and thereupon, the sale shall

become absolute.

l) Certificate of sale (R. 94)-

After the sale has become absolute, a Court shall grant a certificate in favour of the

purchaser, which is conclusive proof of such purchase.

VIII. ARREST AND DETENTION.

Ss. 55 to 59 and Rules 30 to 41 deal with the arrest and detention of a Judgment

debtor in civil prison in execution of a decree. Arrest and detention are one mode of

executing a decree (S.51). The decree-holder has the discretion to choose the mode of

executing the decree.

No Judgment debtor shall be ordered to be arrested and detained unless show cause

notice is issued to him (Rr. 30 and 40).

a) Which decrees can be executed by arrest and detention?

Following decrees may be executed by arrest and detention, viz-

(i) Decree for payment of money (R. 30).

(ii) Decree for specific performance of the contract (R. 32).

(iii) Decree against the corporation by arresting and detaining its directors.

However, the Court should record reasons for its satisfaction for the arrest and

detention of the Judgment debtor.

b) Persons who cannot be arrested and detained-

The following persons cannot be arrested and detained-

(i) a woman (S. 56).

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(ii) judicial officer, while going to presiding in, or returning from his Court (S. 135 (1).

(iii) the parties, their leaders, mukhtars, revenue agents and recognised agents, and their

witnesses acting in obedience to a summons (except for contempt of Court ), while

going to or attending or returning from the Court.

However, the Judgment debtor cannot claim an exception from the Court's order of

(a) immediate arrest or (b) arrest, where the Judgment debtor attends the Court to show

cause why he should not be arrested in execution of a decree (S. 135 (2).

(iv) the member of legislative bodies- during the continuance of a joint seating, meeting,

conference or joint committee or the legislative Houses and during the forty days before

and after such meeting, seating, or conference (S. 135 A).

(vi) Judgment debtor, in the execution of a decree for payment of money, where the total

amount of decree does not exceed Rs. 2000/- (S. 58 (1-A).

c) Period of detention (S. 58)-

S. 58 has laid down the limit on the period of detention of the Judgment debtor as follows-

(i) detention up to three months- where the decreed amount exceeds Rs. 5000/-

(ii) detention up to six weeks- where the decreed amount exceeds Rs. 2000 but does not

exceed Rs. 5000/-

There is a complete exemption from detaining the Judgment debtor in civil prison

if the decreed amount is below Rs. 2000/-

d) Release of Judgment debtor from detention (S. 58 and 59)-

The Judgment debtor may be released from detention before the expiry period of

detention in the following cases-

(i) on payment of the amount mentioned in the warrant.

(ii) on full satisfaction of the decree.

(iii) on the request of the decree-holder.

(iv) on the omission of the decree-holder to pay subsistence allowance¹.

However, the release of the judgment debtor on the omission of payment of

subsistence allowance does not release him from his liability to satisfy the decree, but he

cannot again be put in civil prison for the satisfaction of the same decree for which he has

already been detained.

(v) On the ground of illness (S. 59)-

However, as discussed above, the Judgment debtor released from detention on the

grounds of illness may again be detained.

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¹Subsistence allowance is to be paid by the decree holder for keeping Judgment debtor in civil prison in other

words, it is the expenses of keeping Judgment debtor in prison, which is to be paid by decree holder.