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 exe...

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