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Report No. 163

Annexure

Extracts from the Code of Civil Procedure, 1908

(5 of 1908)

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Institution of Suits

26. Institution of suits.- Every suit shall he instituted by the presentation of a plaint or in such other manner as may be prescribed.

Summons and Discovery

27. Summons to defendants.- Where a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and may be served in manner prescribed.

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32. Penalty for default.- The Court may compel the attendance of any person to whom a summons has been issued under section 30 and for that purpose may-

(c) impose a fine upon him not exceeding five ,hundred rupees;

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58. 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.

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




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