Where the decree is for the payment of money, execution by detention in prison shall not be ordered unless, after giving the judgment-debtor an opportu- nity of showing cause, the Court is satisfied that the I. judgment-debtor, is likely to abscond or leave the local limits of the jurisdiction of the Court. II. judgment-debtor has, before the institution of the suit in which the decree was passed, dis- honestly transferred any part of his property. III. decree is for a sum for which the judgment-debtor was bound in a fiduciary capacity to account. IV. judgment-debtor has, or has had since the date of the decree, the means to pay substantial amount of the decree and neglected to pay the same. Select the correct answer.
Explanation & Strategy
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For execution of money decrees by detention in civil prison, CPC requires: (I) notice to judgment-debtor, (II) opportunity to show cause, (III) court satisfaction that debtor has means but refuses to pay, and (IV) compliance with detention limits under S.58. All four conditions (I, II, III, IV) must be satisfied — answer is (D).