(1) A judgment-debtor may be arrested in execution of a decree at any hour and on any day, and shall, as soon as practicable, be brought before the court, and his detention may be in the civil prison of the district in which the court ordering the detention is situate, or, where such civil prison does not afford suitable accommodation, in any other place which the State Government may appoint for the detention of persons ordered by the courts of such district to be detained: Provided, firstly, that for the purpose of making an arrest under this section, no dwelling-house shall be entered after sunset and before sunrise:
Provided, secondly, that no outer door of a dwelling-house shall be broken open unless such dwelling-house is in the occupancy of the judgment-debtor and he refuses or in any way prevents access thereto, but when the officer authorised to make the arrest has duly gained access to any dwelling house, he may break open the door of any room in which he has reason to believe the judgment-debtor is to be found:
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ADVERTISEMENTS:
Provided, thirdly, that if the room is in the actual occupancy of a woman who is not the judgment-debtor and who according to the customs of the country does not appear in public, the officer authorised to make the arrest shall give notice to her that she is at liberty to withdraw, and after allowing a reasonable time for her to withdraw and giving her reasonable facility for withdrawing, may enter the room for the purpose of making the arrest:
Provided, fourthly, that, where the decree in execution of which a judgment-debtor is arrested, is a decree for the payment of money and the judgment-debtor pays the amount of the decree and the costs of the arrest to the officer arresting him, such officer shall at once release him.
(2) The State Government may, by notification in the Official Gazette, declare that any person or class of persons whose arrest might be attended with danger or inconvenience to the public shall not be liable to arrest in execution of a decree otherwise than in accordance with such procedure as may be prescribed by the State Government in this behalf.
(3) Where a judgment-debtor is arrested in execution of a decree for the payment of money and brought before the Court, the Court shall inform him that he may apply to be declared an insolvent, and that he may be discharged if he has not committed any act of bad faith regarding the subject of the application and if he complies with the provisions of the law of insolvency for the time being in force.
ADVERTISEMENTS:
(4) Where a judgment-debtor expresses his intention to apply to be declared an insolvent and furnishes security, to the satisfaction of the court that he will within one month so apply,
and that he will appear, when called upon, in any proceeding upon the application or upon the decree in execution of which he was arrested, the Court may release him from arrest, and, if he fails so to apply and to appear, the Court may either direct the security to be realised or commit him to the civil prison in execution of the decree.
A judgment-debtor may be arrested in execution of a decree at any hour, and on any day, and shall, as soon as practicable, be brought before the Court, except that
(1) For the purpose of making an arrest, no dwelling-house shall be entered after sunset and before sunrise;
ADVERTISEMENTS:
(2) No outer door of a dwelling-house shall be broken open unless such
dwelling-house is in the occupancy of the judgment-debtor and he refuses or in any way prevents access thereto, but when the officer authorised to make the arrest has duly gained access to any dwelling-house, he may break open the door of any room in which he has reason to believe the judgment-debtor is to be found;
(3) If the room is in the actual occupancy of a woman who is not the
judgment-debtor and who according to the customs of the country does not appear in public, the officer authorised to make the arrest shall give notice to her that she is at liberty to withdraw and allow her a reasonable opportunity to withdraw there from before entering the room for the purpose of making the arrest;
(4) If the decree is for the payment of money, no arrest shall be made if the judgment-debtor pays the full decretal amount and the costs of the arrest to the officer arresting him.
Notice before arrest:
In an application for the execution of a decree for the payment of money by the arrest of the judgment-debtor, the court has a discretion to issue a notice in place of a warrant calling upon him to show cause why he should not be committed to the civil prison unless with the object of delaying the execution of the decree he is likely to abscond or leave the local limits of the jurisdiction of the court.
If he does not appear in obedience to the notice the warrant may issue. When the judgment-debtor appears the court shall proceed to hear the decree-holder and take all such evidence as may be produced by him in support of his application for execution, and shall then give the judgment-debtor an opportunity of showing cause why he should not be committed to the civil prison. (Order XXI, Rules 37 and 410).
The State Government may, by notification in the Official Gazette, declare that any person or class of persons whose arrest might be attended with danger or inconvenience to the public shall not be liable to arrest in execution of a decree otherwise than in accordance with such procedure as may be prescribed by the State Government in this behalf. (Section 55(2)]
Where a judgment-debtor is arrested in execution of a decree for the payment of money and brought before the court, the court shall inform him that he may apply to be declared an insolvent and on expressing his intention to apply and furnishing security to the satisfaction of the court, that he will within one month so apply and that he will appear, when called upon, in the insolvency court or the executing court, may release him from arrest, and, if he fails so to apply and to appear, the court may either realise the security or commit him to the civil prison in execution of the decree. [Section 55 (3) and (4).]