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The judgement debtor, having defaulted on the settlement and failed to appear despite notice, is liable to be arrested and brought before the court under Order XXI Rule 35(2) of the CPC.
Source excerpt
The court allowed execution by arrest and detention after the judgment debtor failed to comply with a consent decree and instalment payment schedule.
The High Court refused to commit a judgment debtor to civil prison, holding that non-payment alone is insufficient without proof of present means and refusal to pay.
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