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Section 57: Subsistence allowance

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 56 All 158 Sections of Code of Civil Procedure Section 58

Legal Commentary & Landmark Judgments: Section 57

Section 57 authorizes the State Government to fix subsistence allowances for the maintenance of judgment-debtors detained in civil prison in execution of a decree.

  • State Scales of Subsistence Allowance: The State Government may fix scales, graduated according to rank, race, and nationality, of monthly allowances payable for the subsistence of judgment-debtors.
  • Pre-Payment by Decree-Holder: Decree-holder must pay the subsistence allowance in advance to the prison officer on the first day of every month of detention.
  • Cost of Execution: Subsistence allowance paid by the decree-holder is added to the costs of the decree, recoverable from the debtor's estate.
Key Landmark Precedents:
  • Jolly George Varghese v. Bank of Cochin, (1980) 2 SCC 360: The Supreme Court referenced subsistence safeguards under Section 57 while setting constitutional limits on civil imprisonment under Article 21.
  • State of Rajasthan v. Basant Nahata, (2005) 12 SCC 77: Affirmed that detention rules must strictly comply with statutory welfare provisions.
Courtroom Practice & Strategic Litigation Guidance:

Ensure you deposit the exact statutory subsistence allowance under Section 57 with the execution bailiff on the first day of each month; default in payment results in immediate statutory release of the debtor under Section 58.

Section 56 All 158 Sections of Code of Civil Procedure Section 58