Rule 37 Order XXI of Code of Civil Procedure 1908 "Discretionary power to permit judgment debtor to show cause against detention in prison"
(1) Notwithstanding anything in these rules, where an
application is for the execution of a decree for the payment
of money by the arrest and detention in the civil prison of
a judgment-debtor who is liable to be arrested in pursuance
of the application, the Court shall, instead of issuing a
warrant for his arrest, issue a notice calling upon him to
appear before the Court on a day to be specified in the
notice and show cause why he should not be committed to the
civil prison :
Provided that such notice shall not be necessary if the
Court is satisfied, by affidavit, or otherwise that, with
the object or effect of delaying the execution of the
decree, the judgment-debtor is likely to abscond or leave
the local limits of the jurisdiction of the Court.
(2) Where appearance is not made in obedience to the notice,
the Court shall, if the decree- holder so requires, issue a
warrant for the arrest of the judgment-debtor.
Rule 38 Order XXI of Code of Civil Procedure 1908 "Warrant for arrest to direct judgment-debtor to be brought up"
Every warrant for the arrest of a judgment-debtor shall direct the officer entrusted with its execution to bring him before the Court with all convenient speed, unless the amount which he has been ordered to pay, together with the interest thereon and the costs (if any) to Which he is liable, be sooner paid.
Rule 39 Order XXI of Code of Civil Procedure 1908 "Subsistence allowance"
(1) No judgment-debtor shall be arrested in execution of
a decree unless and until the decree-holder pays into Court
such sum as the Judge thinks sufficient for the subsistence
of the judgment-debtor from the time of his arrest until he
can be brought before the Court.
(2) Where a judgment-debtor is committed to the civil prison
in execution of a decree, the Court shall fix for his
subsistence such monthly allowance as he may be entitled to
according to the scales fixed under section 57, or, where no
such scales have been fixed, as it considers sufficient with
reference to the class to which he belongs.
(3) The monthly allowance fixed by the Court shall be
supplied by the party on whose application the
judgment-debtor has been arrested by monthly payments in
advance before the first day of each month.
(4) The first payment shall be made to the proper officer of
the Court for such portion of the current month as remains
unexpired before the judgment-debtor is committed to the
civil prison, and the subsequent payments (if any) shall be
made to the officer in charge of the civil prison.
(5) Sums disbursed by the decree-holder for the subsistence
of the judgment-debtor in the civil prison shall be deemed
to be costs in the suit :
Provided that the judgment-debtor shall not be detained in
the civil prison or arrested on account of any sum so
disbursed.
Rule 40 Order XXI of Code of Civil Procedure 1908 "Proceedings on appearance of judgment-debtor in obedience to notice or after arrest"
(1) When a judgment-debtor appears before the Court in
obedience to a notice issued under rule 37, or is brought
before the Court after being arrested in execution of a
decree for the payment of money, the Court shall proceed to
bear the decree-holder and take all such evidence as may be
produced by him in support of his application for execution
and shall then give the judgment-debtor an opportunity of
showing cause why he should not be committed to the civil
prison.
(2) Pending the conclusion of the inquiry under sub-rule (1)
the Court may, in its discretion, order the judgment-debtor
to be detained in the custody of an officer of the Court or
release him on his furnishing security to the satisfaction
of the Court for his appearance when required.
(3) Upon the conclusion of the inquiry under sub-rule (1)
the Court may, subject to the provisions of section 51 and
to the other provisions of this Code, make an order for the
detention of the. judgment-debtor in the civil prison and
shall in that event cause him to be arrested if he is not
already under arrest :
Provided that in order to give the judgment-debtor an
opportunity of satisfying the decree, the Court may, before
making the order of detention, leave the judgment-debtor in
the custody of an officer of the Court for a specified
period not exceeding fifteen days or release him on his
furnishing security to the satisfaction of the Court for his
appearance at the expiration of the specified period if the
decree be not sooner satisfied.
(4) A judgment-debtor released under this rule may be
re-arrested.
(5) When the Court does not make an order of detention under
sub-rule (3), it shall disallow the application and, if the
judgment-debtor is under arrest, direct his release.