Section 49:
Warrant of arrest in what cases to be issued.
If in any suit against an under-tenant or ryot
for the recovery of an arrear of rent, or against an agent for the recovery of any money, papers, or
accounts, the plaintiff desires a warrant of arrest to be issued against the defendant, such defendant being
resident within the district in which the suit is instated, he shall present with his statement of claim an
application for the issue of such warrant. When such application is presented, the Collector shall examine
the plaintiff or his agent, on his oath or affirmation or otherwise according to the law for the time being in
force in relation to the examination of witnesses, and inspect the documents adduced by him in support of
his claim, and if there be prima facia grounds for believing the claim to be well-founded, and that, if a
summons be issued, the defendant will abscond instead of appearing to answer the claim, the Collector
may issue a warrant for the arrest of the defendant. The Collector shall fix a reasonable time for the return
of the warrant which shall be in the form (B) contained in the Schedule to this Act or to the like effect,
and the Officer entrusted with the service of the warrant shall at the time of arresting the defendant deliver
to him a notice addressed to the defendant (which shall be in form (C) in the Schedule or to the like
effect) containing the particulars of in the claim, and requiring the defendant, if he contest the claim, to
bring with him any document upon which he may intend to rely in support of his defence, But no warrant
shall be issued in a suit for arrears of rent due in respect of a dependent talook or other transferable
tenure, which, as hereinafter provided, is liable to sale in execution of any decree which may be passed in
the case.