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Report No. 163

Q.2. Section 58 (Detention in prison - maximum period): Clause 2 of the Bill

Existing section 58 of the Code makes certain provisions, placing limits on the period of detention of the judgment debtor in execution of a decree. The limits are based on the amount of the money decree. In view of fall in the value of the rupee, the Bill seeks to increase the relevant amounts as under:

Existing Amount

Proposed Amount

Maximum period

(a) exceeding 1,000 rupees exceeding 5,000 rupees

3 months

(b) exceeding 500 rupees but not exceeding 1,000 rupees Exceeding 2,000 rupees but no exceeding 5,000 rupees

6 weeks

(c) amount does not exceed 500 rupees Amount does not exceed 2,000 rupees no detention can be ordered

Would you agree with the need for the above amendment ?

The Code of Civil Procedure (Amendment) Bill, 1997 Back

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