SECTION 134, 135 CODE OF CIVIL PROCEDURE 1908

What is Arrest other than in execution of decree? What is Exemption from arrest under civil process? Section 134 and 135 of Code of Civil Procedure 1908

Arrest other than in execution of decree and Exemption from arrest under civil process are defined under Section 134 and 135 of Code of Civil Procedure 1908. Provisions under these Sections are:


 

Section 134 of Code of Civil Procedure 1908 "Arrest other than in execution of decree"

The provisions of sections 55, 57 and 59 shall apply, so far as may be, to all persons arrested under this Code

Section 135 of Code of Civil Procedure 1908 "Exemption from arrest under civil process"

(1) No Judge, Magistrate or other judicial officer shall be liable to arrest under civil process while going to, presiding in, or returning from his Court.

(2) Where any matter is pending before a tribunal having jurisdiction therein, or believing in good faith that it has such jurisdiction, the parties thereto, their pleader, mukhtars, revenue-agents and recognized agents, and their witnesses acting in obedience to a summons, shall be exempt from arrest under civil process other than process issued by such tribunal for contempt of Court while going to or attending such tribunal for the purpose of such matter, and while returning from such tribunal.

(3) Nothing in sub-section (2) shall enable a judgment-debtor to claim exemption from arrest under an order for immediate execution or where such judgment-debtor attends to show cause why he should not be committed to person in execution of a decree.

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