—(1) These Rules apply to proceedings under the Debtors Act (Chapter 73) subject to the following Rules of this Order.
(2) In this Order —
“Act” means the Debtors Act;
“judgment” includes any order for the payment of money.
ARREST OF JUDGMENT DEBTOR
—(1) Before any arrest is made under section 3 or 24 of the Act, the judgment creditor must, unless the Registrar otherwise orders, deposit in the Registry a sufficient sum of money to defray the cost of bringing the debtor before the Court, and detaining him in custody pending his appearance.
(2) Before an order of commitment made under the Act is executed, the judgment creditor must deposit in the Registry a sufficient sum of money to provide for the subsistence of the debtor for the period of imprisonment at such rate as may be prescribed by the Minister by notification in the Gazette.
(3) Order 46, Rules 12 and 13, shall apply with the necessary modifications to the sums of money deposited under this Rule.
ARREST OR ATTACHMENT
—(1) An order of arrest or attachment of property before judgment must state the amount of claim and costs in respect of which it is issued, and before delivery to the Sheriff, be endorsed with the plaintiff’s address for service.
(2) An order under paragraph (1) must be in one of the forms in Form 187.
—(1) Before any order of attachment of property is executed, the plaintiff must deposit in the Registry a sufficient sum of money to defray the cost of the attachment and of keeping possession of the property.
(2) Order 46, Rules 12 and 13, shall apply with the necessary modifications to the sums of money deposited under this Rule.
10. Where any property attached under an order of attachment is released by the Sheriff on the defendant paying to the Sheriff the sum stated in the order of attachment as the amount claimed by the plaintiff and costs as stated therein together with the costs of the execution up to the time of such payment, or under section 18 of the Act, the proper officer must give a receipt and keep the moneys in such place as directed by the Sheriff to abide by the order of the Court.
JUDGMENT DEBTOR SUMMONS
11B. Where a judgment has been given or an order made against 2 or more persons, the person entitled to enforce the judgment or order may require a judgment debtor summons to be issued against each or any of the persons liable under the judgment or order.
—(1) Where a judgment is given or order made against a firm, a judgment debtor summons may be issued against any person against whom execution may be issued to enforce such judgment or order under Order 77.
(2) Where the person entitled to enforce such judgment or order desires to issue a judgment debtor summons against any other person, he must apply for leave of the Court by ex parte summons in Form 189 supported by affidavit in Form 190.
(3) Where an order is made under paragraph (2), a copy of the affidavit must be served with the judgment debtor summons.
(4) If the person alleged to be liable does not appear on the day fixed for the hearing of the judgment debtor summons, he shall be deemed to admit his liability to pay the amount due, but if he appears and denies his liability the Court may determine the question of liability on the evidence then before it or may order the issue of liability to be tried in such manner as it thinks fit.
12. Every application for a notice (referred to in Rules 13 and 14 as a judgment notice) under section 6(3) or 24(7) of the Act must be by Request4 in Form 192 verified by the oath of the applicant.
13. A judgment notice must be in Form 193 and must be served personally, not less than 4 clear days before the day appointed for the debtor’s attendance unless the Court otherwise orders.
—(1) On the hearing of a judgment notice, the Court may make an order of commitment or vary the instalment order as it thinks just.
(2) If an order of commitment is made, the Court may direct the execution of such order to be suspended to enable the debtor to pay the amount in respect of which the order is made.
15. An order of commitment under section 6 (1), 15 or 24(8) of the Act must be in Form 194.
16. Where an order of commitment for non-payment of money is made, the debtor may, at any time, either to the Sheriff or, if he is in prison, to the officer in charge of the prison, pay the amount stated in the order and obtain his discharge.
—(1) Where any judgment debt, in respect of which a debtor is imprisoned under the Act, is satisfied by payment or otherwise, the judgment creditor must lodge with the Registrar a certificate of satisfaction signed by him in Form 195.
(2) If the judgment creditor makes default in lodging such certificate, the debtor, or any person on his behalf, may apply to the Court for an order for his discharge, and the Court in making such order may direct that the costs of the application be paid by the judgment creditor.
(3) An order under this Rule must be in Form 196.
—(1) Where an order is made requiring a defendant to give security under the Act, the security shall be given in such manner, at such time, and on such terms (if any) as the Court may direct.
(2) When security has been given as ordered, the defendant, if he is in custody must be released.
20. The money deposited, if any, and the security and all proceedings thereon shall be subject to the order and control of the Court.
21. Where at the hearing of any proceedings under the Act the debtor satisfies the Court that a bankruptcy order under the Bankruptcy Act (Chapter 20) has been made against him and that the debt was provable in the bankruptcy or in the administration, no order shall be made:
Provided that where an order of commitment has been made, the order if not executed shall be recalled and cancelled, and if the debtor is in prison, he shall be discharged.
22. Any order of commitment or arrest of a judgment debtor under the Act shall bear the date of the day on which it was made, and shall continue in force for one year from and including such date and no longer, but it may be renewed subject to the conditions and in the manner prescribed for the renewal of writs of execution.
23. Unless in any case it is otherwise ordered, the costs of and incidental to orders for arrest, commitment and attachment under the Act, and any amount spent by the plaintiff under Rules 5 and 10, shall be the plaintiff’s costs in the cause.