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
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 appears, or is produced before the executing court. The court is conferred with the discretion, either to detain the judgment-debtor
order in an E.P. for arrest directing arrest of the Judgment debtor without holding an enquiry. The order under appeal in that case reads ... judgment debtor on the ground that the retirement benefits received by him are sufficient to discharge the E.P. Questioning that order the judgment debtor
against him as the judgment-debtor, by the Munsiff,
Hosdrug. The accused then admitted that he is the
judgment debtor mentioned in the warrant ... decree holder to arrest the
judgment debtor and there was resistance from the side of
the judgment debtor to obstruct him from discharging his
duty
Section 55 of the said Code requires that after the arrest of judgment debtor in execution of the decree, he will be brought before ... which the judgment-debtor was bound in a fiduciary capacity to account.
Explanation. - In the calculation of the means of the judgment-debtor
warrant had already been issued against the judgment debtor after considering the means of the judgment debtor, the application cannot be considered at this stage ... before ordering detention of the judgment debtor in civil prison. In spite of a petition filed by the judgment debtor to conduct an enquiry
stated that the respondent/judgment-debtor having sufficient means neglected to pay the decretal amount.
3. The respondent/judgment-debtor entered appearance and filed counter ... judgment-debtor submits that the respondent/judgment-debtor is an employee, and therefore, the petitioner/decree-holder ought not to have resorted to the arrest
show that the judgment-debtor has a site. The decree holder admitted that he got attached the house of the judgment-debtor worth about ... judgment-debtor. While proceeding against the person of the judgment-debtor, if the decree holder is able to establish the necessary ingredient for his arrest
show that the judgment debtor has a site. The decree holder admitted that he got attached the house of the judgment debtor worth about ... judgment debtor. While proceeding against the person of the judgment debtor, if the decree holder is able to establish the necessary ingredient for his arrest
arrest and detention in prison. Rule 38 requires that every warrant for the arrest of a judgment-debtor shall direct the officer entrusted with ... judgment-debtor paid the amount. Once the judgment-debtor appears in obedience to a notice or is brought to Court after being arrested, Rule
