Arrest and detention, section 58 code of civil procedure
Guest
(Querist) 15 September 2012
This query is : Resolved
Learned members of this forum i would like to ask a question regarding section 58 of CPC.
Section 58(1A) says that no judgment-debtor shall be detained in a civil prison in case the amount in the money decree doesn't exceed 2000/-.
Now my question is whether such bar applies both to arrest and detention? or just detention?
and what are the remedies available to seek relief against a judgment debtor who is liable to pay an amount less then 2000/-
Adv.R.P.Chugh
(Expert) 15 September 2012
In execution on the person - arrest and detention are intertwined - first only to serve the second hence the first part of your question is irrelevant. Second - in such a case other modes of execution such as attachment and sale are pretty much applicable.
Guest
(Querist) 16 September 2012
thank you Adv. Bharat Chugh
