THE FIRST SCHEDULE · ORDER XXXVIII ARREST AND ATTACHMENT BEFORE JUDGMENT · Arrest before judgment

Order XXXVIII Rule 4: Procedure where defendant fails to furnish security or find fresh security

The Code of Civil Procedure, 1908

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.

Questions on this rule

1 question in 4 of our papers cite Order XXXVIII Rule 4. Try these from the free papers:

1. Under Order XXXVIII Rule 4 of the CPC, a defendant who fails to furnish security for his appearance may be committed to civil prison, but in no case for longer than:

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