Act Number: 5

Act Name: The Code of Civil Procedure, 1908

Year: 1908

Enactment Date: 1908-03-21

Long Title: An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.

Ministry: Ministry of Law and Justice

Department: Legislative Department

Section 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 1 [2 [five thousand rupees], for a period not exceeding three months, and,]
        3[(b) where the decree is for the payment of a sum of money exceeding two thousand rupees, but not exceeding five thousand rupees, for a period not exceeding six weeks.]
    4(1A) For the removal of doubts, it is hereby declared that no order for detention of the judgmentdebtor 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 5 [two thousand rupees.]
    (2) A judgment-debtor released from detention under this section shall not merely by reason of his release be discharged from his debt, but he shall not be liable to be re-arrested under the decree in execution of which he was detained in the civil prison.
Notes:
1. Subs. by Act 104 of 1976, s. 22, for certain words (w.e.f. 1-2-1977).
2. Subs. by Act 46 of 1999, s. 5, "one thousand rupees" (w.e.f. 1-7-2002).
3. Subs. by s. 5, ibid., by clause (b) (w.e.f. 1-7-2002).
4. Ins. by Act 104 of 1976, s. 22 (w.e.f. 1-2-1977).
5. Subs. by Act 46 of 1999, s. 5, "five hundred rupees" (w.e.f. 1-7-2002).
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