CPC 1908 § Order XXI, Rule 37 — Discretionary power to permit judgment-debtor to show cause against detention in

Statutory text (English)

prison.—

(1) Notwithstanding anything in these rules, where an application is for the execution of a
decree for the payment of money by the arrest and detention in 1[* *] prison of a judgment-debtor who
is liable to be arrested in pursuance of the application, the Court 2[shall], instead of issuing a warrant
for his arrest, issue a notice calling upon him to appear before the Court on a day to be specified in the
notice and show cause why he should not be 1[detained in] prison:
3[
Provided that such notice shall not be necessary if the Court is satisfied, by affidavit, or
otherwise, that, with the object or effect of delaying the execution of the decree, the judgment- debtor
is likely to abscond or leave the local limits of the jurisdiction of the Court.]

(2) Where appearance is not made in obedience to the notice, the Court shall, if the
decree-holder so requires, issue a warrant for the arrest of the judgment-debtor.

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order XXI, Rule 37 (EXECUTION OF DECREES AND ORDERS): Pakistan Code portal consolidated official PDF 'THE CODE OF CIVIL PROCEDURE, 1908' (First Schedule, Orders I-LI, pp. 58-185), p. 111, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

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Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

1 historical record is linked to this section. Historical wording may be incomplete or pending verification; it is not presented as current law.

• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 111) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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