Gujarat High Court Civil Manual (subordinate court practice), 1960
Arrest and detention of the judgment-debtor in prison is one of the modes in which the assistance of the Court may be required for execution of a decree. The attention of the Courts is drawn in this respect particularly to the provisions of sections 51 and 55 to 59 and rules 37 and 40 of Order XXI. Before the Court can issue a warrant of arrest or a notice to the judgment-debtor under Order XXI, rule 37, it has to satisfy itself that the judgment-debtor is liable to arrest in pursuance of the application. When the execution of a decree for the payment of money is sought by arrest or detention of the judgment-debtor, the Court must issue a notice to the judgment-debtor calling upon him to show cause why he should not be committed to the civil prison in execution of the decree unless the Court is satisfied that the judgment-debtor is likely to abscond or leave the local limits with the object of delaying execution. Where, however, the judgment-debtor does not appear in obedience to the notice, the Court shall, if the decree holder so requires, issue a warrant of arrest. Forms of notice and warrant of arrest are Nos. 12 and 13 respectively of Appendix E, Schedule I. Before arrest is ordered, provision for the debtor's subsistence should be made as required by rule 39 of Order XXI. What is required to be done when the judgment-debtor is before the Court is laid down in rule 40 of Order XXI.