Order 22, rule 34 of Civil Procedure Rules : Proceedings on appearance of judgment-debtor in obedience to notice or after arrest
(1) Where a judgment-debtor appears before the court in obedience to a notice issued under rule 31, or is brought before the court after being arrested in execution of a decree for the payment of money, and it appears to the court that the judgment-debtor is unable, from poverty or other sufficient cause, to pay the amount of the decree, or, if that amount is payable by instalments, the amount of any instalment thereof, the court may, upon such terms as it thinks fit, make an order disallowing the application for his arrest and detention or directing his release, as the case may be.
(2) Before making an order for the committal of the judgment-debtor to prison, the court, for reasons to be recorded in writing, shall be satisfied—
(a) that the judgment-debtor, with the object or effect of obstructing or delaying the execution of the decree—
(i) is likely to abscond or leave the local limits of the jurisdiction of the court; or
(ii) has, after the institution of the suit in which the decree was passed, dishonestly transferred, concealed or removed any part of his property, or committed any other act of bad faith in relation to his property; or
(b) that the judgment-debtor has, or has had since the date of the decree, the means to pay the amount of the decree, or some substantial part thereof, and refuses or neglects, or has refused or neglected, to pay the same, but in calculating such means there shall be left out of account any property which is exempt from attachment in execution of the decree; or
(c) that the decree is for a sum for which the judgment-debtor was bound in a fiduciary capacity to account.
(3) While any of the matters mentioned in subrule (2) are being considered, the court may, in its discretion, order the judgment-debtor to be detained in prison, or leave him in the custody of an officer of the court, or release him on his furnishing security, to the satisfaction of the court, for his appearance when required by the court.
(4) A judgment-debtor released under this rule may be re- arrested.
(5) Where the court does not make an order under subrule (1), it shall cause the judgment-debtor to be arrested, if he has not already been arrested, and, subject to the provisions of this Act, commit him to prison.
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Where a decree is for the payment of money, the decree- holder may apply to the court for an order that—
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- Order 22, rule 38 - Attachment of agricultural produce
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- Order 22, rule 39 - Provisions as to agricultural produce under attachment
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- Order 22, rule 40 - Attachment of share and other property not in possession of judgment-debtor
(1) In the case of—
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- Order 22, rule 41 - Attachment of share in movables
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- Order 22, rule 46 - Attachment of property in custody of court
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- Order 22, rule 47 - Attachment of decree
(1) Where the property to be attached is a decree, either for the payment of money or for sale in enforcement of a mortgage or charge, the attachment shall be made—
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- Order 22, rule 49 - Removal of attachment after satisfaction of decree
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(a) the amount decreed with costs and all charges and expenses resulting from
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- Order 22, rule 50 - Determination of attachment
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- Order 22, rule 51 - Objection to attachment
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- Order 22, rule 58 - Time of sale
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- Order 22, rule 59 - Adjournment or stoppage of sale
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- Order 22, rule 60 - Defaulting purchaser answerable for loss on re-sale
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- Order 22, rule 62 - Restriction on bidding or purchase by officers
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- Order 22, rule 64 - Sales by public auction
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- Order 22, rule 68 - Sale of immovable property
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- Order 22, rule 70 - Payment of purchase-money
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- Order 22, rule 72 - Notification on re-sale
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- Order 22, rule 74 - Application to set aside sale on deposit
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- Order 22, rule 75 - Application to set aside sale on ground of irregularity or fraud
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- Order 22, rule 76 - Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest
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