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    Who has the authority to fix scales of monthly allowances payable for subsistence of judgment debtor?
    Question

    Who has the authority to fix scales of monthly allowances payable for subsistence of judgment debtor?

    A.

    District Court

    B.

    District Magistrate

    C.

    State Government

    D.

    High Court

    Correct option is C

    The State Government has the authority to fix the scales of monthly allowances payable for the subsistence of a judgment debtor who is detained in civil prison under the provisions of the Code of Civil Procedure (CPC). According to Order XXI Rule 39(2) of the CPC, the scale of allowances must be determined by the State Government and should be sufficient to provide the judgment debtor with necessities during their detention.
    Information Booster When a judgment debtor is detained in civil prison due to non-payment of a decree, they are entitled to a subsistence allowance. This allowance ensures that the basic needs of the debtor are met during the period of detention. The amount is fixed by the State Government, and the decree-holder is typically required to deposit this amount with the court for the duration of the debtor's imprisonment.
    Additional Knowledge
    · District Court: While the District Court can order the detention of a judgment debtor, it does not have the authority to fix the subsistence allowance. This responsibility lies with the State Government.
    · District Magistrate: The District Magistrate does not have the power to fix the scales of subsistence allowance for a judgment debtor in civil prison.
    · High Court: Although the High Court has wide powers under its jurisdiction, the specific task of fixing the subsistence allowance for a judgment debtor is delegated to the State Government under the CPC.

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