CPC 1908 § Order XXI, Rule 40 — Proceedings on appearance of judgment-debtor in obedience to notice or

Statutory text (English)

after arrest.—

(1) When a judgment-debtor appears before the Court in obedience to a notice issued
under rule 37, or is brought before the Court after being arrested in execution of a decree for the
payment of money, the Court shall proceed to hear the decree-holder and take all such evidence as
may be produced by him in support of his application for execution, and shall then give the
judgment-debtor an opportunity of showing cause why he should not be 2[detained in] prison.

(2) Pending the conclusion of the inquiry under sub-rule

(1) the Court may, in its discretion,
order the judgment-debtor to be detained in the custody of an officer of the Court or release him on his
furnishing security to the satisfaction of the Court for his appearance when required.

(3) Upon the conclusion of the inquiry under sub-rule

(1) the Court may, subject to the
provisions of section 51 and to the other provisions of this Code, make an order for the detention of
the judgment-debtor in 2[* *] prison and shall in that event cause him to be arrested if he is not already
under arrest:

Provided that in order to give the judgment-debtor an opportunity of satisfying the decree, the
Court may, before making the order of detention, leave the judgment-debtor in the custody of an officer
of the Court for a specified period not exceeding fifteen days or release him on his furnishing security
to the satisfaction of the Court for his appearance at the expiration of the specified period if the decree
be not sooner satisfied.

(4) A judgment-debtor released under this rule may be re-arrested.

(5) When the Court does not make an order of detention under sub-rule

(3), it shall disallow
the application and, if the judgment-debtor is under arrest, direct his release.]
Attachment of Property

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order XXI, Rule 40 (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. 112, 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

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• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 112) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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