THE FIRST SCHEDULE · ORDER XXI Execution of Decrees and Orders · Mode of execution

Order XXI Rule 37: Discretionary power to permit judgment-debtor to show cause against detention in prison

The Code of Civil Procedure, 1908

(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 ¹[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:

²[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.

Footnotes in the official text

1.Subs. by Act 21 of 1936, s. 3, for “may”.
2.Ins. by s. 3, ibid.

Questions on this rule

1 question in 12 of our papers cite Order XXI Rule 37. Try these from the free papers:

1. Assertion (A): Where an application is for execution of a money decree by the arrest and detention of a judgment-debtor who is liable to be arrested, the Court shall, as a rule, issue a notice calling upon him to show cause why he should not be committed to the civil prison, instead of a warrant for his arrest. Reason (R): Such notice is not necessary if the Court is satisfied, by affidavit or otherwise, that with the object or effect of delaying execution the judgment-debtor is likely to abscond or leave the local limits of its jurisdiction.

Practise questions on Civil Procedure Code