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 ... 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
arrest of
the judgment-debtor for detention in civil prison for recovery of
money where judgment-debtor liable to be arrested, the Court shall
issue ... arrest of judgment-debtor issued, the Court may
cancel the same on the ground of illness of judgment-debtor or where
arrested and committed
considered before ordering arrest and detention of judgment debtor - Court
should record satisfaction regarding means of judgment debtor and then pass
orders giving adequate reasons ... ordering arrest of Judgment Debtor - Executing court shall hold an
enquiry and give finding as to current means of judgment debtor to discharge
decree before
judgment-debtor shall be deemed to be costs in the suit.
Provided that the judgment-debtor shall not be detained in the civil prison ... 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
judgment-debtor and he appeared before the court and filed a counter. However, the judgment-debtor offered to pay the decree amount and the executing ... which the judgment-debtor was earlier directed to pay to the decree-holder, was not paid and that the judgment-debtor failed to appear before
decree holder figured as PW1 and the judgment debtor figured as RW1. The judgment debtor produced his medical records as R1 and no document ... judgment debtor, who is really unable to pay the decree debt. As per Section 55 , when a judgment debtor is arrested in execution
allegations about the means of the judgment debtor to pay the decreetal amount and that the judgment debtor was neglecting or refusing ... judgment debtor to civil prison was set aside and directed to secure the presence of the judgment debtor as ordered by way of arrest
judgment debtor. There is no provision in the CPC which provides for execution of a money decree against the Judgment Debtor Company by effecting arrest ... Revisionist who admittedly is not the judgment debtor and only the Vice President of the Judgment Debtor Company is misconceived and was not liable
cross also by the judgment debtor and substantial evidence
was on record as to the means possessed by the judgment debtor ... against the judgment debtor. It is also stated that
adjudication order without a protection order does not prevent the judgment
debtors arrest
against Judgment Debtor No.2 alone (the
petitioner herein) since judgment debtors Nos.1 and 3
are women. It is this order of arrest ... Judgement
Debtor No.2 submits that Judgment Debtor No.1
(mother of Judgement Debtor No.2) has passed away
and petitioner/Judgment Debtor