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Order XXI Rule 39(5) CPC says Sums disbursed by decree-holder for subsistence of the judgment-debtor


31-Jan-2023 (In Recovery Law)
Order XXI Rule 39(5) CPC says Sums disbursed by decree-holder for subsistence of the judgment-debtor in the civil prison shall be 'deemed to be costs in the suit'. Does it mean that cost shall be allowed only when Court passes an order? Please Explain. Judge is told me that D.H. (original plaintiff) has to pay subsistence allowance prior to issuance of 'warrant of arrest' in J.D.'s name. In legal parlance, what exactly does 'Deemed to be costs in suit' mean?
Answers (1)

Answer #1
605 votes
Well, the Judge is right, being a Decree Holder in order to execute the Decree, the Decree Holder is well within his rights to apply for a legal remedy to get an Arrest Warrant issued for the Civil Prison against the Judgement Debtor if he fails to honour the Decree, but for that, it is mandatory for DH to provide Substience allowance to Court for keeping JD in Civil Prison.
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