SIGNED RULING ARTHUR DALLAS SEME CASE 1
The applicant provided sufficient documentary evidence of a long-term, serious illness (cervical spondylosis) requiring specialized treatment unavailable in prison. The respondent failed to rebut the authenticity or relevance of the medical evidence. Section 47(3)(b) of the Civil Procedure Code empowers the court to order release of a civil prisoner on grounds of serious illness, and the applicant met this threshold. The court found the illness serious and the application meritorious, ordering immediate release.
Source excerpt
- Release of civil prisoner
- Serious illness as ground for release
- Execution of decrees
- Judgment debtor rights