Indian Laws in English

The Code Of Civil Procedure 1908
Order 21 :
Rule 39 :
Subsistence allowance :
(1) No judgment-debtor shall be arrested in execution of a decree unless and until the decree-holder into Court such sum as the Judge thinks sufficient for the subsistence of the judgment-debtor from the time of his arrest until he can be brought before the Court.
(2) Where a judgment-debtor is committed to the civil prison in execution of a decree, the Court shall fix for his subsistence such monthly allowance as he may be entitled to according to the seales fixed under section 57, or, where no such scales have been fixed, as it considers sufficient with reference to the class to which he belongs.
(3) The monthly allowance fixed by the Court shall be supplied by the party on whose application the judgment-debtor has been arrested by monthly payments in advance before the first day of each month.
(4) The first payment shall be made to the proper officer of the Court for such portion of the current month as remains unexpired before the judgment-debtor is committed to the civil prison, and the subsequent payments (if any) shall be made to the officer in charge of the civil prison.
(5) Sums disbursed by the decree-holder for the subsistence of the judgment-debtor in the civil prison shall be deemed to be costs in the suit :
Provided that the judgment-debtor shall not be detained in the civil prison or arrested on account of any sum so disbursed.
State Amendment :
High Court Amendments-[Allahabad] :
In sub-rule (5) delete the words "in the civil prison" occurring at two places.-(24-7-1926).
[Andhra Pradesh] :
Same as that of Madras.
[Bombay] :
In Order XXI for rule 39 and its marginal note, substitute the following as rule 39 and marginal note:
"Rule 39. Subsistence allowance.-(1) No judgment-debtor shall be arrested in execution of a decree unless and until the decree-holder pays into Court such sum as the Judge thinks sufficient for the subsistence of the judgment-debtor from the time of his arrest until he can be brought before the Court and for the cost of conveyance of the judgment-debtor from the place of his arrest to the Court-house.
(2) Where a judgment-debtor is committed to the civil prison in execution of a decree, the Court shall fix for his subsistence such monthly allowance as he may be entitled according to the scales fixed under section 57, or where no such scales have been fixed, as it considers sufficient with reference to the class to which he belongs.
(3) The monthly allowance fixed by the Court shall be supplied by the party on whose application the judgment-debtor has been arrested by monthly payments in advance before the first day of each month.
(4) Such sum (if any) as the Judge thinks sufficient for the subsistence and costs of conveyance of the judgment-debtor for his journey from the Court-house to the civil prison and from the civil prison on his release, to his usual place of residence, together with the first of the payments in advance under sub-rule (3) for such portion of the current month as remains unexpired, shall be paid to the proper officer of the Court before the judgment-debtor is committed to the civil prison, and the subsequent payment (if any) shall be paid to the officer in charge of the civil prison.
(5) Sums disbursed under this rule by the decree-holder for the subsistence and the cost of conveyance (if any) of the judgment-debtor shall be deemed to be cost in the suit :
Provided that the judgment-debtor shall not be detained in the civil prison or arrestedon account of any sum so disbursed."-(1-10-1983).
[Calcutta] :
Delete the words "in the Civil Prison" in sub-rule (5).
[Delhi] :
Same as that of Punjab.
[Gauhati] :
Same as that of Calcutta.
[Gujarat] :
Same as that of Bombay-(17-8-1961).
[Himachal Pradesh].-Same as that of Calcutta.
[Karnataka] :
Sub-rules (4) and (5) are the same as those of Bombay.-(R.O.C. No. 2526/1959, dated 9-2-1967).
[Kerala] :
Sub-rules (4) and (5) are the same as those of Madhya Pradesh.-(9-6-1959).
[Madhya Pradesh] :
(a) Delete the full stop at the end of sub-rule (1) and add the. following.
"and for the cost of conveyance of the judgment-debtor from the place of his arrest to the Court-house."
(b) Substitute the following as sub-rules (4) and (5) in place of the corresponding existing sub-rules:
"(4) Such sum (if any) as the Judge thinks sufficient for the subsistence and cost of conveyance of the judgment-debtor for his journey from the Court-house to the civil prison and from the civil prison, on his release, to his usual place of residence together with the first of the payments in advance under sub-rule (3) of such portion of the current month as remains unexpired, shall be paid to the proper officer of the Court before the judgment-debtor is committed to the civil prison and the subsequent payments (if any) shall be paid to the officer in charge of the civil prison.
(5) Sums disbursed under this rule by the decree-holder for the subsistence and the costs of the conveyance (if any), of the judgment-debtor shall be deemed to be costs in the suit."-(16-9-1960).
[Madras] :
(1) Substitute the following for sub-rule (1):
"(1) No judgment-debtor shall be arrested in execution of a decree unless and until the decree-holder pays into Court such sum as the Judge thinks sufficient for the subsistence of the judgment-debtor from the time of his arrest until he can be brought before the Court and for the payment of the charges of conveyance of the judgment-debtor *[and of the amin or process-server who executes the warrant of arrest] by bus, train or otherwise whichever is available from the place of arrest to the Court-house."-(4-1-1967 and *16-9-1970).
(2) Sub-rules (4) and (5) are the same as those of Madhya Pradesh.
[Orissa] :
Same as that of Patna.
[Patna] :
In sub-rule (5) of rule 39, delete the words "In the civil prison" in the first place where they occur.
[Punjab] :
Same as that of Calcutta.       

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