Proceedings on appearance of judgment-debtor in obedience to notice or after arrest
Execution of Decrees and Orders, in the First Schedule to The Code of Civil Procedure, 1908
1 [40. Proceedings on appearance of judgment-debtor in obedience to notice or after arrest.--(1) When a judgment-debtor appears before the Court in obedience to a notice issued under rule 37, or is brought before the Court after being arrested in execution of a decree for the payment of money, 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.
(2) Pending the conclusion of the inquiry under sub-rule (1) the Court may, in its discretion, order the judgment-debtor to be detained in the custody of an officer of the Court or release him on his furnishing security to the satisfaction of the Court for his appearance when required.
(3) Upon the conclusion of the inquiry under sub-rule (1) the Court may, subject to the provisions of section 51 and to the other provisions of this Code, make an order for the detention of the judgmentdebtor in the civil prison and shall in that event cause him to be arrested if he is not already under arrest:
Provided that in order to give the judgment-debtor an opportunity of satisfying the decree, the Court may, before making the order of detention, leave the judgment-debtor in the custody of an officer of the Court for a specified period not exceeding fifteen days or release him on his furnishing security to the satisfaction of the Court for his appearance at the expiration of the specified period if the decree be not sooner satisfied.
(4) A judgment-debtor released under this rule may be re-arrested.
(5) When the Court does not make an order of detention under sub-rule (3) it shall disallow the application and, if the judgment-debtor is under arrest, direct his release.]
1. Subs. by s. 4, ibid., for rule 40.
How this Rule is cited
It is written both ways, and both mean this Rule: Order XXI Rule 40 CPC and Order 21 Rule 40 CPC. Pleadings usually take the arabic form, judgments usually the numeral.
Orders of the courts under it: Order 21 Rule 40 CPC, Order XXI Rule 40 CPC. Each opens the full-text search over every order eCourtsIndia holds.
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