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SECTION 55, 56 OF CODE OF CIVIL PROCEDURE 1908

What is Arrest and detention? What is Prohibition of arrest or detention of women in execution of decree for money? Section 55 and 56 of Code of Civil Procedure 1908

Arrest and detention and Prohibition of arrest or detention of women in execution of decree for money are defined under Section 55 and 56 of Code of Civil Procedure 1908. Provisions under these Sections are:

Section 55 of Code of Civil Procedure 1908 "Arrest and detention"

(1) A judgment-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 State Government 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 room 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 State Government may, by notification in the Official 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 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 the Court, the Court shall inform him that he may apply to be declared an insolvent, and that he may be discharged, if he has not committed any act of bad faith regarding the subject of the application and if he complies with provisions of the law of insolvency for the time being in force.
(4) Where a judgment-debtor express his intention to apply to be declared an insolvent and furnishes security, to the satisfaction of the Court, that he will within one month so apply, and that he will appear, when called upon, in any proceeding upon the application or upon the decree in execution of which he was arrested, the Court may release him from arrest, and, if he fails so to apply and to appear, the Court may either direct the security to be realised or commit him to the civil prison in execution of the decree.

Section 56 of Code of Civil Procedure 1908 "Prohibition of arrest or detention of women in execution of decree for money"

Notwithstanding anything in this Part, the Court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money.

Code of Civil Procedure 1908

What is the meaning Result of execution proceedings to be certified? What is Powers of Court in executing transferred decree? Section 40 and 41 of Code of Civil Procedure 1908

What is the Power of Court in executing transferred decree? What is Execution of decrees passed by Civil Courts in places to which this Code does not extend? Section 42 and 43 of Code of Civil Procedure 1908

What is Execution of decrees passed by Revenue Court in places to which this Code does not extend? What is Execution of decrees passed by Courts in reciprocating territory? Section 44 and 44A of Code of Civil Procedure 1908

What is Execution of decrees outside India? What is Precepts? Section 45 and 46 of Code of Civil Procedure 1908

What are the Questions to be determined by the Court executing decree? Who is Transferee? Who is Legal representative? Section 47, 49 and 50 of Code of Civil Procedure 1908

What is the Powers of Court to enforce execution? What is Enforcement of decree against legal representative? Section 51 and 52 of Code of Civil Procedure 1908

What is Liability of ancestral property? What is Partition of estate or separation of share? Section 53 and 54 of Code of Civil Procedure 1908

What is Arrest and detention? What is Prohibition of arrest or detention of women in execution of decree for money? Section 55 and 56 of Code of Civil Procedure 1908

What is Subsistence allowance? What is Detention and release? Section 57 and 58 of Code of Civil Procedure 1908

What is Release on ground of illness? What is the meaning Property liable to attachment and sale in execution of decree? Section 59 and 60 of Code of Civil Procedure 1908


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