Respected Experts & Lawyers,
Kindly resolve my query related to procedure of civil law.
If a Decree-Holder files an application to the Executing Court for Detention of Judgement-Debtor in Civil Prison in course of executing decree as per Section 55 of Civil Procedure Code read with Order 21 Rule 38.
Q1. What amount of Subsistence allowance is required to be paid by Decree-Holder to the Court in order to commit Judgement-Debtor(J.D.) to Civil Prison ? What is method of computation followed by Court to determine the Subsistence allowance for J.D. ?
Q2. Can the Decree-Holder recover the Cost paid by him to arrest & detain Judgement-Debtor(J.D.) in carrying out execution of the Decree ? Can Decree-Holder recover the Subsistence Allowance paid towards committing Debtor to Civil Prison ?
Outstanding Decree Amount : Rs. 1,35,000/-(Outstanding Principal Amount) plus interest & cost.
Regards,
E. C. (on Behalf of Decree-Holder).
