Rule 40 of CPC : Rule 40: Proceedings on appearance of judgment-debtor in obedience to notice or after arrest. Attachment of property

Explanation using Example

Example 1:

Scenario: Ramesh owes Rs. 5 lakhs to Suresh as per a court decree. Ramesh has not paid the amount despite multiple reminders. Suresh files an application for execution of the decree.

1. Notice Issued: The court issues a notice under Rule 37 to Ramesh to appear before the court.
2. Appearance: Ramesh appears before the court in obedience to the notice.
3. Hearing: The court hears Suresh's application and takes evidence supporting the claim that Ramesh has not paid the amount.
4. Opportunity to Respond: Ramesh is given an opportunity to explain why he should not be committed to civil prison.
5. Interim Custody: Pending the inquiry, the court orders Ramesh to be detained in the custody of a court officer or releases him on furnishing security for his appearance.
6. Conclusion: After the inquiry, the court finds that Ramesh has no valid reason for non-payment and orders his detention in civil prison. However, the court gives Ramesh 15 days to satisfy the decree before finalizing the detention order.
7. Re-arrest: If Ramesh is released and fails to satisfy the decree within the specified period, he can be re-arrested.

Example 2:

Scenario: Priya owes Rs. 2 lakhs to Anil as per a court decree. Priya has been avoiding payment, and Anil files for execution of the decree.

1. Arrest: Priya is arrested by the court officers in execution of the decree and brought before the court.
2. Hearing: The court hears Anil's application and takes evidence supporting the claim that Priya has not paid the amount.
3. Opportunity to Respond: Priya is given an opportunity to explain why she should not be committed to civil prison.
4. Interim Custody: Pending the inquiry, the court orders Priya to be detained in the custody of a court officer or releases her on furnishing security for her appearance.
5. Conclusion: After the inquiry, the court finds that Priya has no valid reason for non-payment and orders her detention in civil prison. However, the court gives Priya 10 days to satisfy the decree before finalizing the detention order.
6. No Detention: If Priya manages to pay the amount within the specified period, the court disallows the application for detention and directs her release if she was under arrest.

Example 3:

Scenario: Mohan owes Rs. 3 lakhs to Raj as per a court decree. Mohan has not paid the amount, and Raj files for execution of the decree.

1. Notice Issued: The court issues a notice under Rule 37 to Mohan to appear before the court.
2. Non-Appearance: Mohan does not appear before the court as required.
3. Arrest: The court orders the arrest of Mohan and he is brought before the court.
4. Hearing: The court hears Raj's application and takes evidence supporting the claim that Mohan has not paid the amount.
5. Opportunity to Respond: Mohan is given an opportunity to explain why he should not be committed to civil prison.
6. Interim Custody: Pending the inquiry, the court orders Mohan to be detained in the custody of a court officer or releases him on furnishing security for his appearance.
7. Conclusion: After the inquiry, the court finds that Mohan has no valid reason for non-payment and orders his detention in civil prison. However, the court gives Mohan 7 days to satisfy the decree before finalizing the detention order.
8. Re-arrest: If Mohan is released and fails to satisfy the decree within the specified period, he can be re-arrested.