SECTION 57, 58 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

Subsistence allowance and Detention and release  are defined under Section 57 and 58 of Code of Civil Procedure 1908. Provisions under these Sections are:


 

Section 57 of Code of Civil Procedure 1908 "Subsistence allowance"

The State Government may fix scales, graduated according to rank, race and nationality, of monthly allowances payable for the subsistence of judgment-debtors

 

Section 58 of Code of Civil Procedure 1908 "Detention and release"

(1) Every person detained in the civil prison in execution of a decree shall be so detained,-

(a) where the decree is for the payment of a sum of money exceeding one thousand rupees, for a period not exceeding three months, and

(b) where the decree is for the payment of a sum of money exceeding five hundred rupees, but not exceeding one thousand rupees, for a period not exceeding six weeks :

Provided that he shall be released from such detention before the expiration of the said period of detention

(i) on the amount mentioned in the warrant for his detention being paid to the officer in charge of the civil prison, or

(ii) on the decree against him being otherwise fully satisfied, or

(iii) on the request of the person on whose application he has been so detained, or

(iv) on the omission by the person, on whose application he has been so detained, to pay subsistence allowance :

Provided, also, that he shall not be released from such detention under clause (ii) or clause (iii), without the order of the Court.

(1A) For the removal of doubts, it is hereby declared that no order for detention of the judgment-debtor in civil prison in execution of a decree for the payment of money shall be made, where the total amount of the decree does not exceed five hundred rupees.

(2) A judgment-debtor released from detention under this section shall not merely by reason of his release be discharged from his debt, but he shall not be liable to be re-arrested under the decree in execution of which he was detained in the civil prison.

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