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CPC Section 58 - Detention and release

Description of CPC Section 58 - Detention and release

(1) Every person detained in the civil prison in execution of a decree shall be so detained,

  • (a) where the decree is for the payment of a sum of money exceeding [five thousand rupees], for a period not exceeding three months, and,
  • (b) where the decree is for the payment of a sum of money exceeding two thousand rupees, but not exceeding five thousand rupees, for a period not exceeding six weeks.

(1A) 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.]

(2) A judgment-debtor released from detention under this section shall not merely by reason of his release be discharged from his debt, but he shall not be liable to be re-arrested under the decree in execution of which he was detained in the civil prison.