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Which provision of CPC bars the arrest or detention in civil prison of a woman in execution of a decree…

Section 56 of the Code of Civil Procedure, 1908 ('Prohibition of arrest or detention of women in execution of decree for money') states that notwithstanding anything in Part…

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Which provision of CPC bars the arrest or detention in civil prison of a woman in execution of a decree for payment of money?

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Answer and explanation

Correct answer B

Section 56 of the Code of Civil Procedure, 1908 ('Prohibition of arrest or detention of women in execution of decree for money') states that notwithstanding anything in Part II of the Code, the court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money. Section 55 CPC deals with arrest and detention generally, Section 58 CPC deals with detention periods and release, and Section 60 CPC deals with property liable to attachment and sale. Therefore, Section 56 is the correct answer.

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Option A

Incorrect. Section 55 CPC lays down general rules regarding arrest and detention of a judgment-debtor in civil prison in execution of a decree.

Option B

Correct. Section 56 of the Code of Civil Procedure, 1908 expressly provides that the court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money.

Option C

Incorrect. Section 58 CPC deals with the duration of detention in civil prison and release from detention.

Option D

Incorrect. Section 60 CPC specifies the property liable to attachment and sale in execution of a decree and the exemptions therefrom.

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