39. Subsistence allowance.- (1) No judgment debtor shall be arrested in execution of a decree unless and until the decree holder pays into court such sum as the Judge thinks sufficient for the subsistence of the judgment debtor from the time of his arrest until he can be brought before the court. (2) Where a judgment debtor is committed to the civil prison in execution of a decree, the court shall fix for his subsistence such monthly allowance as he may be entitled to according to the scales fixed under section 57, or, where no such scales have been fixed, as it considers sufficient with reference to the class to which he belongs. (3) The monthly allowance fixed by the Court shall be supplied by the party on whose application the judgment debtor has been arrested by monthly payments in advance before the first day of each month. (4) The first payment shall be made to the proper officer of the court for such portion of the current month as remains unexpired before the judgment debtor is committed to the civil prison, and the subsequent payments (if any) shall be made to the officer in charge of the civil prison. (5) Sums disbursed by the decree holder for the subsistence of the judgment debtor in the civil prison shall be deemed to be costs in the suit: Provided that the judgment debtor shall not be detained in the civil prison or arrested on account of any sum so disbursed. HIGH COURT AMENDMENTS GUJARAT, ANDF{RA PRADESH, ASSAM AND NAGALAND, CALCU’ITA, DELHI, 1-11MACHAL ‘1PRADESH AND
PUNJAB.- Delete “in the civil prison” in sub-rule (5) BOMBAY.- In Order XXI for the existing Rule 39 and its marginal note substitute the following: “39. Subsistence allowance.- (1) No judgment-debtor shall be arrested in execution of a decree unless and until the decree-holder pays into Court such sum as the Judge thinks sufficient for the subsistence of the judgment-debtor from the time of his arrest until he can be brought before the Court and for the cost of conveyance of the judgment-debtor from the place of his arrest to the Court house. (2) Where a judgment-debtor is committed to the civil prison execution of a decree, the Court shall fix for his subsistence such monthly allowance as he may be entitled according to the scales fixed under Section 57, or where no such scales have been fixed, as it considers sufficient with reference to the class to which he belongs. (3) The monthly allowance fixed by the Court shall be supplied by the party on whose application the judgment-debtor has been arrested by monthly payments in advance before the first day of each month.
(4) Such sum (if any) Judge thinks sufficient for the subsistence and costs of conveyance of the judgment debtor for his journey from the court house to the civil prison and from the civil prison on his released ,too his usual place of residence, together with the first of the payments in advance under sub-rule (3) for such portion of the current month as remains unexpired, shall be paid to the proper officer of the Court before the judgment-debtor is committed to the civil prison, and the subsequent payments (if any) shall be paid to the officer-in-charge of the civil prison.
(5) Sums disbursed under this rule by the decree-holder for the subsistence and the cost of conveyance (if any) of the judgment-debtor shall be deemed to be cost in the suit: Provided that the judgment-debtor shall not be detained in the civil prison or arrested on account of any sum so disbursed. (1.10.1983). GUJARAT.- (1) In Rule 39 (1) delete the full stop at the end to sub-rule (1) and add the following: “and for the cost of conveyance of the judgment-debtor from the place of his arrest to the Court-house”. (2) New sub-rules (4) and (5) have been substituted. The substituted sub-rules (4) and (5) are the same as in Bombay. (17.8.1961). KARNATAKA.- In Rule 39 delete sub-rules (4) and (5) and substitute the following: (4) Same as that of Madhya Pradesh (b), sub-rule (4). (5) Sums disbursed under this rule by the decree-holder for the subsistence and cost of conveyance, if any, of the judgment-debtor shall not be detained in civil prison or arrested on account of any sums so disbursed.” (9.2.1967). KERALA, LACCADIVE, M1NICOY AND AMINDIVI ISLANDS.- (i) Sub-rule (1) is the same as that in Madras
(1) without the words put in brackets. (10.9.1963). (ii) Sub-rules (4) and (5) are the same those of Madhya Pradesh, Item (b). (9.6.1959). MADHYAPRADESH.- (a) Delete the full stop at the end of sub-rule (1) and add the following, namely:
“and for the costs of conveyance of the judgment-debtor from the place of his arrest to the Court-house.” (b)For sub-rules (4) and (5), the following sub-rules shall be substituted, namely: “(4) Such sum (if any) as the Judge thinks sufficient for the subsistence and cost of conveyance of the judgment-debtor for his journey from the Court-house to the civil prison and from the civil prison, on his release, to his usual place of residence together with the first of the payments in advance under sub-rule (3) for such portion of the current month as remains unexpired, shall be paid to the proper officer of the Court before the judgment-debtor is committed to the civil prison, and the subsequent payments (if any) shall be paid to the officer-in-charge of the civil prison. (5) Sums disbursed under this rule by the decree-holder for the subsistence and the costs of the conveyance (if any) of the judgment-debtor shall be deemed to be costs in the suit.” (16.9.1960). MADRAS, PONDICHERRY.- For sub-rule (1), substitute the following: ‘(i) No judgment-debtor shall be arrested in execution of a decree unless and until the decree-holder pays into the Court such sum as the Judge thinks sufficient for the subsistence of the judgment-debtor from the time of his arrest until he can be brought before the Court (and for payment of the charges for conveyance of the judgment-debtor by bus, train or otherwise whichever is available from the place o, arrest to the Court house).” (4.1.1967). (ii)Sub-rules (4) and (5) are the same as those of Madhya Pradesh, Item (b). ORISSA AND PATNA.- In sub-rule (5) delete the words “in the civil prison” in the first place where they occur.
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