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“Best-evidence rule”

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Pleadings  - Replication - Allowed to be filed at stage of evidence

CPC S. 51  - Section 51 also declares that if the debtor has no means to pay he cannot be arrested and detained

Home CIVIL CPC

CPC O. 21, R. 37 – Grants immunity from imprisonment to indigent but honest judgment-debtors.

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cpc O. 21, R. 37  –  A judgment-debtor was sought to be detained under Order 21 Rule 37 CPC although he was seventy and had spent away on his illness the means he once had to pay off the decree. The observations there made are apposite and may bear excerption: “The last argument which consumed most of the time of the long arguments of learned counsel for the appellant is that the International Covenants on Civil and Political Rights are part of the law of the land and have to be respected by the Municipal Courts. Article 11, which I have extracted earlier, grants immunity from imprisonment to indigent but honest judgment-debtors.” – International Covenant on Civil and Political Rights, Article 11.

 Xavier v. Canara Bank Ltd., 1969 KLT 927

Tags: CPC O. 21 R. 37

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