Question

Where the decree is for payment of money, execution by detention in prison shall not be ordered unless the Court is satisfied that:
I. the judgment-debtor is likely to abscond or leave jurisdiction.
II. the judgment-debtor has dishonestly transferred property before the suit.
III. the decree is for a sum for which the judgment-debtor was in a fiduciary capacity to account.
IV. the judgment-debtor has or had the means to pay substantial amount but neglected to pay.
Select the correct answer.

• A. I, II and III
• B. II, III and IV
• C. I, III and IV
• D. I, II, III and IV

Hint:

Arrest in execution → Always a last resort; permitted only under Section 51(c) CPC.

Answer 1

The Correct Option is D

Step 1: Apply Section 51(c) CPC.
Court may order arrest only when one of several conditions exist. All the four listed conditions fall within the grounds under Section 51.
Step 2: Analysis.
Each statement (I–IV) reflects a permissible ground under the CPC.
Step 3: Conclusion.
Thus, all four conditions (I–IV) are correct.