Rule 39 of CPC : Rule 39: Subsistence-allowance.

Explanation using Example

Example 1:

Scenario: Ramesh, a small business owner, owes Rs. 1,00,000 to Suresh, who has obtained a court decree for the amount. Ramesh fails to pay the amount, and Suresh seeks to have Ramesh arrested to enforce the decree.

Application of Rule 39:

1. Subsistence Allowance Before Arrest: Before Ramesh can be arrested, Suresh must deposit a sum with the court that the judge deems sufficient for Ramesh's subsistence from the time of arrest until he is brought before the court. For instance, the judge may determine that Rs. 500 per day is sufficient, and if it takes 3 days to bring Ramesh before the court, Suresh must deposit Rs. 1,500.
2. Monthly Allowance in Civil Prison: If Ramesh is committed to civil prison, the court will fix a monthly subsistence allowance based on the scales under section 57 or as deemed sufficient by the court. Suppose the court fixes Rs. 3,000 per month for Ramesh's subsistence.
3. Advance Monthly Payments: Suresh must pay this Rs. 3,000 monthly allowance in advance before the first day of each month to the court officer.
4. First Payment: The first payment must cover the remaining days of the current month before Ramesh is committed to prison. If ...

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