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CHAPTER 5 PRELIMINARY TOPICS
Ch. 5.11. Subsistence allowance:
0.21, R. 39 21 has provided for execution of decrees or orders.
Provisions have been made in Rules 37 to 39, for the arrest and detention of the judgment-debtor (J.D.) in execution proceedings against him, before the execution court,
On an application with affidavit filed by the decree-holder, the court instead of issuing a warrant for arrest, issue a notice to the J.D, to show cause why he should not be committed to the civil prison Notice is not necessary if the J.D. is making plans to abscond etc.
The court on inquiry may release the J.D. on security or detain in custody of officer of the court.
If warrant of arrest is issued, it is addressed to an officer appointed by the judge and specifies the amount to be paid by the J.D. and is signed by the judge.
No arrest is to be made if the amount is specified. Otherwise, the officer may arrest the J.D. and bring him before the court “with all convenient speed”.
Condition to deposit subsistence allowance :
One strict rule is that the decree-holder should make the deposit of amounts as the judge thinks sufficient for the subsistence of the J.D. until the JD is brought before the court.
However, if the JD is committed to the civil prison, the court fixes the monthly allowance, as per prescribed scales. The decree- holder should deposit in advance in full on the first of every month. If not paid the JD will be released.
Such amounts are deemed costs in the suit.