Section 55 in The Code of Civil Procedure, Svt. 1977 (1920 A.D.)
55. Arrest and detention.
(1)A judgement-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 Government] [Substituted for "His Highness" by Act No. X of 1996.] 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 rooms in which he has reason to believe the judgment-debtor is to be found: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 Government] [Substituted for "His Highness" by Act No. X of 1996.] may, by notification in the Government 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 Government] [Substituted for "His Highness" by Act No. X of 1996.] 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 under the law for the relief of insolvent judgment-debtors and that he will 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.(4)Repealed.] [Repealed by Act No. IV of 1998.]
