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Bare acts > Code of Civil Procedure, 1908 > Section 58
 
   


 

58. Detention and release.- (1) Every person detained in the civil prison in execution of a decree shall be so detained,—

(a) where the decree is for the payment of a sum of money exceeding 1 [fiye thousand rupees], for a period not exceeding three months, and,

(b) where the decree is for the payment of a sum of money exceeding two thousand rupees, but not exceeding five thousand rupees, for a period not exceeding six weeks:


Provided that he shall be released from such detention before the expiration of the said period of detention—

(i) on the amount mentioned in the warrant for his detention being paid to the officer in charge of the civil prison, or

(ii) on the decree against him being otherwise fully satisfied, or

(iii) on the request of the person on whose application he has been so detained, or

(iv) on the omission by the person, on whose application he has been so detained, to pay subsistence allowance:

Provided, also, that he shall not be released from such detention under clause (ii) or clause (iii), without the order of the court.

(1A) For the removal of doubts, it is hereby declared that no order for detention of the judgment debtor in civil prison in execution of a decree for the payment of money shall be made, where the total amount of the decree does not exceed two thousand rupees.

(2) A judgment debtor released from detention under this section shall not merely by reason of his release be discharged from his debt, but he shall not be liable to be re-arrested under the decree in execution of which he was detained in the civil prison.

HIGH COURT AMENDMENT

CALCUTTA.- In sub-rule (1) - for the words “ (a) where the decree is for the payment of a sum of money exceeding fifty rupees, for a period of six months and, (b) in any other case for a period of six weeks,” substitute “for a period not exceeding six months”.
In the first proviso for the words “said period of six month or six weeks, as the case may be” substitute ‘period fixed by the Court”. Cal. Gaz. Pt. I, dated 204.1967.

 

 

 

 

 

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