File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Necessity Of Conduct Of Enquiry For Order Of Arrest Of Judgement

Where application was filed under CPC, Order XXI ,Rules 10 and 11, for issuance of notice under Rule 37 and then warrant under Rule 38. The Court after hearing the counsel for parties had issued warrent under Rule 38.

Held that as it was not order under Rule 40, hence it was order under under Rule 38 without conduct of enquiry under Rule 40 ,as such it was not under Rule 38 and was not without jurisdiction.

The impugned order had been passed under Rule 38,the question regarding the means to pay and other opportunities to adduce evidence by both parties before the Court ,would arise only when the final order was passed under order XXI, Rule 40 , CPC, after the petitioner was arrested and brought before the Court.

Therefore, the petitioner were liable to be arrested and brought before the Court to enable the court to take further course of action for recovering the decretal amount.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly