Correct option is A
Section 59 of the
Civil Procedure Code, 1908 provides the ground for canceling a warrant of arrest against a judgment debtor. The Court has the discretion to cancel or postpone the execution of the warrant if the judgment debtor is suffering from a
serious illness. This provision ensures that individuals who are unable to undergo detention due to medical reasons are treated with compassion and fairness in legal proceedings. Arrest in such circumstances could lead to significant harm or worsen the debtor’s health, and therefore, the Court may decide to either cancel the arrest warrant or allow the debtor time to recover before taking any further action.
Information Booster:
Section 59 of the CPC was introduced to protect judgment debtors who may face undue hardship due to illness. This section reflects the principle that justice must not only be legally correct but also humane. The Court considers the physical well-being of the debtor and balances it against the need to enforce judgments. The provision does not offer a permanent escape from arrest but rather a temporary reprieve until the debtor is fit enough to face the consequences of the decree.
In order to invoke this section, the debtor or their legal representative must provide credible evidence, usually in the form of medical records, to prove the severity of the illness. Once the Court is satisfied that the illness is genuine and sufficiently serious, it may order the cancellation or temporary suspension of the warrant of arrest.
Additional Knowledge:
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(b) Incorrect: The mere appearance at the marriage of a son is not considered a sufficient ground for canceling a warrant under Section 59 of CPC. Courts do not prioritize personal social functions over legal obligations like decree enforcement.
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(c) Incorrect: The act of casting a vote in general elections is not a valid ground for avoiding arrest under the CPC. Elections do not supersede legal duties under Court orders.
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(d) Incorrect: Serious illness is the only listed option in this case that provides a valid ground for the cancellation of a warrant under
Section 59 of the CPC.
