LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Divya (nil)     12 February 2012

Order 21 rule 37

Notice for arrest issued to my brothers under ORder 21 Rule 37 of CPC in the Sessions Court for recovery of credit card dues which are too high due to interest.

How should I tackle this, if they appear they will be asked by the Court/ DH to pay a big amount...They also cannot be made absent in each appearance.

What strategy can be followed so that they dont appear & some escapism can be made if its hsown that debtors are poor but are willing to make monthly payment in small amount for clearance of their dues.....


Please suggest the course of action


 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (     12 February 2012

Dear Divvya,

Put an application before the execution court u/s 151 CPC - expressing your inability to pay - and asking for the court to devise a scheme of monthly installments if the same is accceptable to DH too.

Legally as per S.51 Proviso CPC - Decree against the person of Judgmenet Debtor i.e by arrest can only be passed in cases of wilful disregard of payment even after having means or where the person was bound in fiduciary capacity to pay. 

There are judgments as well as provisions of ICCPR - that say a man cannot be punished or sent behind the bars for his inability to pay.

Good legal representation at this stage might help you avert arrest. 


Feel free to seek any clarifications.


Best of Luck !



Advocate (Delhi)

Convenor : Lawyers for Social Justice

Tel : 9810553252 (only 6 to 9 PM) 

kvss.prabhakar rao (Advocate )     07 March 2012

If you have no suffieint means to pay the decretal amount you make an application before the executing court seek  exemption from arrest . After you application mean enquiry will conduct then executing court would decide if you have no means. Once you files application  the burden shifts to Decree Holder prove that the JDr have sufficent means to pay the decreatal amount.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query