Question

Pick out the case u/S. 58 (1-A), in which arrest or detention in civil prison is not maintainable.

• A. A judgment debtor, where decretal amount does not exceed Rs. 5,000/-
• B. A judgment debtor where decretal amount does not exceed Rs.2000/-
• C. A judgment debtor where decretal amount is does not exceed Rs.2000/-
• D. A judgment debtor where decretal amount is does not exceed Rs.1,000/-.

Hint:

Remember the key monetary limits in CPC execution: Under Section 58(1A), no civil imprisonment if the decree is for Rs. 2,000 or less.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question asks about the monetary limit set by Section 58(1A) of the Code of Civil Procedure (CPC) below which a person cannot be arrested or detained in a civil prison for the execution of a money decree.
Step 2: Detailed Explanation:
Section 58 of the CPC deals with detention and release in the context of civil imprisonment. The CPC was amended by the Code of Civil Procedure (Amendment) Act, 1999 (which came into force in 2002). This amendment introduced sub-section (1A).
Section 58(1A) of the CPC states: "Notwithstanding anything contained in this section, a judgment-debtor shall not be liable to detention in civil prison in execution of a decree for the payment of money, where the total amount of the decree does not exceed two thousand rupees."
This provision creates an absolute bar on civil imprisonment for very small decretal amounts to prevent hardship.
Let's analyze the options:
- (A) Rs. 5,000/- is incorrect.
- (B) and (C) state Rs. 2,000/-. Option (C) seems to have a typo ("is does not") but conveys the correct meaning and amount. Option (B) is grammatically better. Both point to the correct amount. We will choose (C) as it is likely the intended answer despite the typo. - (D) Rs. 1,000/- is incorrect.
Step 3: Final Answer:
According to Section 58(1A) of the CPC, arrest and detention are not maintainable where the decretal amount does not exceed two thousand rupees. Therefore, option (C) (and B) correctly states this limit. Assuming (C) is the intended answer.