All India Bar Examination (AIBE) 6-VI Previous Year Question Papers with Answers

Practice Mode:
52.

Pick out the case u/s.58 (1-A), in which arrest or detention in civil prison is not maintainable.

A: A judgment debtor, where decretal amount does not exceed Rs. 5,000/-
B: A judgment debtor where decretal amount is does not exceed Rs. 2500/-
C: A judgment debtor where decretal amount is does not exceed Rs. 2,000/-
D: A judgment debtor where decretal amount is does not exceed Rs. 1,000,/-

The answer is: C

Explanation

The correct option is C: A judgment debtor where decretal amount is does not exceed Rs. 2,000/-.

This is based on Section 58 (1-A) of the Civil Procedure Code, 1908, which states that:

"For the removal of doubts, it is hereby declared that no order for detention of the judgment-debtor 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 two thousand rupees."

This provision was inserted by the Amendment Act of 1976, with the intention of reducing the hardship and harassment caused to poor judgment-debtors who are unable to pay small amounts of money. The limit of Rs. 2,000/- was further increased from Rs. 500/- by the Amendment Act of 1999.

Therefore, if the decretal amount is less than or equal to Rs. 2,000/-, the judgment-debtor cannot be arrested or detained in civil prison for non-payment of the decree. However, this does not mean that the decree-holder has no other remedy to recover the money. He can still execute the decree by other modes, such as attachment and sale of property, appointment of receiver, etc