Judgment-debtor
Also called: JD
Any person against whom a decree has been passed or an order capable of execution has been made (Section 2(10) of the CPC).
Explained
Section 2(10) of the CPC defines a judgment-debtor as any person against whom a decree has been passed or an order capable of execution has been made. It is the counterpart of decree-holder in Section 2(3), the person in whose favour such a decree or order is made. The term matters in execution: questions between the parties, or their representatives, relating to the execution, discharge or satisfaction of the decree are decided by the executing Court under Section 47 and not by a separate suit, and a legal representative of a deceased judgment-debtor is liable under Section 50 only to the extent of the estate that comes to his hands.
Section 51 lets the Court, on the decree-holder's application, execute a decree by delivery of property, attachment and sale, arrest and detention in prison, appointment of a receiver, or in any other manner the relief requires. Under its proviso a money decree cannot be executed by detention unless the judgment-debtor is first given an opportunity to show cause, and the Court records in writing that he is likely to abscond or has dishonestly transferred or concealed property, or that he has had the means to pay and refuses or neglects to pay, or that he is bound in a fiduciary capacity. Order XXI Rule 37 requires a show cause notice instead of a warrant for arrest, save where he is likely to abscond. In Jolly George Varghese v. Bank of Cochin (1980) the Supreme Court read Section 51 with Article 21 and held that mere failure to pay does not justify imprisonment.
Further protections are statutory. A woman cannot be arrested or detained in execution of a money decree (Section 56). No dwelling house is to be entered for arrest after sunset and before sunrise (Section 55). Detention cannot exceed three months where the decree exceeds five thousand rupees and six weeks where it is between two and five thousand, and no detention is ordered where the decree does not exceed two thousand rupees (Section 58). Release does not discharge the debt, but he cannot be re-arrested under the same decree.
Examiners test the limits of detention, release for non-payment of subsistence allowance, and the show cause requirement.
What the law says
(10) “judgment-debtor” means any person against whom a decree has been passed or an order capable of execution has been made;
Section 2(10) defines judgment-debtor; 2(3) decree-holder
[Provided that, where the decree is for the payment of money, execution by detention in prison shall not be ordered unless, after giving the judgment-debtor an opportunity of showing cause why he should not be committed to prison, the Court, for reasons recorded in writing, is satisfied—
(a) that the judgment-debtor, with the object or effect of obstructing or delaying the execution of the decree,—
(i) is likely to abscond or leave the local limits of the jurisdiction of the Court, or
Modes of execution and limits on detention for money decrees
[(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.
Period of detention, release and bar on re-arrest
Notwithstanding anything in this Part, the Court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money.
No arrest or detention of women for money decrees
(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.
Show cause notice before committal to civil prison
(1) All questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the Court executing the decree and not by a separate suit.
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(3) Where a question arises as to whether any person is or is not the representative of a party, such question shall, for the purposes of this section, be determined by the Court.
Execution questions decided by the executing Court
For the exam
- Section 2(10) CPC; counterpart of decree-holder in Section 2(3).
- Execution questions between parties go to the executing Court under Section 47.
- No detention for a money decree without show cause and recorded reasons (Section 51 proviso).
- No arrest or detention of a woman in execution of a money decree (Section 56).
- Released judgment-debtor still owes the debt but cannot be re-arrested under that decree.
448 questions in the Law Maker question bank use this term. Practise Civil Procedure Code questions
Related terms
- Decree-holderAny person in whose favour a decree has been passed or an order capable of execution has been made (Section 2(3) of the CPC).
- DecreeThe formal expression of an adjudication that conclusively determines the rights of the parties on all or any matter in controversy in a suit, as defined in Section 2(2) of the CPC.
- Legal representativeA person who in law represents the estate of a deceased person, including anyone who intermeddles with the estate (Section 2(11) of the CPC). He is liable only to the extent of the estate that reaches him.
- Mesne profitsProfits that a person in wrongful possession of property actually received or might with ordinary diligence have received, with interest, but excluding profits due to his own improvements. Section 2(12) CPC.
- OrderUnder Section 2(14) of the CPC, the formal expression of any decision of a Civil Court which is not a decree.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.