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In execution of a money decree for Rs. 1 lakh, the detention of the judgment debtor in civil prison for…

Arrest and detention is a mode of enforcing a money decree under s.51 CPC subject to its proviso and the limits in s.58, and Order 21 r.41(3) permits detention up to three…

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In execution of a money decree for Rs. 1 lakh, the detention of the judgment debtor in civil prison for three months may be ordered:
(1) as one of the modes of enforcement subject to certain restrictions and conditions.
(2) if he willfully does not comply with direction to disclose by affidavit the particulars of his assets. Consider the above statements:

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Correct answer A

Arrest and detention is a mode of enforcing a money decree under s.51 CPC subject to its proviso and the limits in s.58, and Order 21 r.41(3) permits detention up to three months where the judgment-debtor wilfully fails to disclose his assets by affidavit, so "Both (1) and (2) are correct".

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