প্রিন্ট

28/05/2025
Laws of Bangladesh

Code of Civil Procedure (Amendment) Ordinance, 2025

( ২০২৫ সনের ১৮ নং অধ্যাদেশ )

Act No. V of 1908 এর Order XXI এর সংশোধন

১৪। উক্ত Code এর Order XXI এর-

(ক) rule 30 এর পর নিম্নরূপ নূতন rule 30A সন্নিবেশিত হইবে, যথা:-

“30A. Special provisions for execution of decree for payment of money.- (1) Notwithstanding anything contained in this Code, the Court may, on the application of the decree-holder, detain the judgment-debtor in the civil prison for the whole or any part of the decretal amount remaining unpaid, for a term not exceeding six months or until payment is made, whichever is earlier.

(2) The expense incurred for subsistence of the judgment-debtor detained in a civil prison under this Code shall be borne by the Government.

(3) The provision of detention in the civil prison shall not apply to a judgment-debtor who is a minor of unsound mind or who has been declared as insolvent by a competent Court or who has been substituted as successor to the original judgment-debtor by inheritance.

(4) If the judgment-debtor in the civil prison deposits not less than 25% of the decretal amount together with a bond for payment of the remaining amount within 60 days, the Court shall release him and if the judgment-debtor fails to pay the remaining decretal amount as per the conditions stated in the bond, he shall be liable to be re-arrested and detained further in the civil prison which may extend to six months.

(5) If a judgment-debtor is detained for the entire term in the civil prison under sub-rule (1) or (4), he shall not be re-arrested or detained further in the civil prison in the same execution proceeding or in any other execution proceeding arising from the same decree.

(6) If a judgment-debtor is detained in the civil prison under this rule for the whole or any part of the term of civil detention, he shall not be exempted from paying the unpaid amount of the decree.”।

(খ) rule 39 বিলুপ্ত হইবে;

(গ) rule 103 এর পর নিম্নরূপ নূতন rule 104 সংযোজিত হইবে, যথা:-

“104. Direct execution of decree.- (1) Notwithstanding anything contained in this Code or any other law for the time being in force, the Court may, subject to the law of limitation, receive an application for the execution of a decree in the record of the suit in which the decree has been passed, or, where the record has been called for by an Appellate or Revisional Court, in a part-file prepared for this purpose and the Court may forthwith order the execution of the decree.

(2) Where the decree-holder or the purchaser of the property sold in execution of a decree is resisted or obstructed by the judgment-debtor or any person claiming under him or any other person, as the case may be, in obtaining possession of the property and the Court is satisfied in that regard, it may, on the application of the decree-holder or the purchaser, direct any person as the Court may appoint in this behalf and, if necessary, the law enforcement agency to place the decree-holder or the purchaser in possession of the property.” ।


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Ministry of Law, Justice and Parliamentary Affairs