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Bare acts > Code of Civil Procedure, 1908 > Order 38 Rule 4
 
  


 

4. Procedure where defendant fails to furnish security or find fresh security.- Where the defendant fails to comply with any Order under rule 2 or rule 3, the court may commit him to the civil prison until the decision of the Suit or, where a decree is passed against the defendant, until the decree has been satisfied:

Provided that no person shall be detained in prison under this rule in any case for a longer period than six months, nor for a longer period than six weeks when the amount or value of the subject matter of the suit does not exceed fifty rupees:

Provided also that no person shall be detained in prison under this rule after he has complied with such order.

HIGH COURT AMENDMENTS

Kerala, Laccadive, Minicoy and Aminidivi Islands.- Renumber Rule 4 as sub-rule (1) and insert sub rule (2) as follows:

“(2) The provisions of Order XXI, Rule 39 as to allowances payable for the subsistence of judgment-debtor shall apply to all defendants arrested under this order.” (9.6.1959).

 

 

 

 

 

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