Where at any stage of a suit excepting suits respecting any immovable property referred to in Section 16, clauses (a) to (d), the court is satisfied by affidavit or otherwise—
(a) That the defendant, with intent to delay the plaintiff, or to avoid any process of the court or to obstruct or delay execution of any decree that may be passed against him,—
(i) Has absconded or left the local limits of the jurisdiction of the court, or
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(ii) Has disposed of or removed from the local limits of the jurisdiction of the court his property or any part thereof, or
(b) That the defendant is about to leave India under circumstances affording reasonable probability that the plaintiff will or may thereby be obstructed or delayed in the execution of any decree that may be passed against the defendant in the suit, the court may issue warrant to arrest the defendant and bring him before the court to show cause why he should not furnish security for his appearance:
Provided that the defendant shall not be arrested if he pays the officer entrusted with the execution of the warrant any sum specified in the warrant as sufficient to satisfy the plaintiffs claim. (O. 38, R. 1).
ADVERTISEMENTS:
Where the defendant fails to show such cause, the court shall order him either to deposit in court money, or other property sufficient to answer the claim against him or furnish security for his appearance at any time when called upon while the suit is pending and until satisfaction of any decree that may be passed against him in the suit. (O. 38, R. 2).
Where the defendant fails to deposit in court money or other property sufficient to answer the claim against him or to furnish security for his appearance, the court may commit him to 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 for a longer period than six months if the amount or value of the subject-matter exceeds Rs. 50/- nor for a longer period than six weeks when the amount or value of the subject-matter of the suit does not exceed Rs. 50/-. (O. 38, R. 4).