ENACTMENT No. 2 Of 1984
ISLAMIC CIVIL PROCEDURE ENACTMENT 1979

PART XXI - JUDGMENT DEBTORS SUMMONS, WARRANT OF ARREST, ETC.



Section 170. Arrest before judgment.


(1) Every application for an order of arrest before judgment shall be made ex parte in chambers and the evidence in support thereof shall be adduced by affidavit.

(2) An order of arrest under this section shall be in the form provided and shall be endorsed with the plaintiff's address for service.

(3) The order shall be delivered to the bailiff together with copies of all affidavits used on the application; and the affidavits shall be served on the defendant together with the order.

(4) Before any arrest is made under an order under this section the paintiff shall, unless the Court otherwise orders, deposit with the bailiff a sum sufficient in the bailiff's opinion to defray the expense of detaining the judgment debtor in custody pending his appearance in Court: and the provisions of section 216 and 169 shall, with the necessary modifications apply to any sum deposited under this section.

(5) The security to be given by a defendant may be given-

(6) Any proposed sureties may, if the plaintiff shall so require, be called upon to justify.

(7) When security has been given as ordered the Registrar shall give a certificate to the bailiff, and the production of that certificate shall be sufficient authority for the release of the defendant from custody.

(8) The money deposited, if any, and the security and all proceedings thereon shall be subject to the order and control of the Court.



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