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Section 59: Release on ground of illness.

The Code of Civil Procedure, 1908Central Act · Act 5 of 1908

(1) At any time after a warrant for the arrest of a judgment-debtor has been issued the Court may cancel it on the ground of his serious illness.

(2) Where a judgment-debtor has been arrested, the Court may release him if, in its opinion, he is not in a fit state of health to be detained in the civil prison.

(3) Where a judgment-debtor has been committed to the civil prison, he may be released therefrom--

(a) by the State Government, on the ground of the existence of any infectious or contagious disease, or

(b) by the committing Court, or any Court to which that Court is subordinate, on the ground of his suffering from any serious illness.

(4) A judgment-debtor released under this section may be re-arrested, but the period of his detention in civil prison shall not in the aggregate exceed that prescribed by section 58.

Where this provision sits

ActThe Code of Civil Procedure, 1908
Section59
Marginal noteRelease on ground of illness.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it1

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