Section 30 of The Presidency Small Cause Courts Act, 1882
Whenever it appears to the Small Cause Court that any judgment-debtor under its decree is unable, from sickness, poverty or other sufficient cause, to pay the amount of the decree, or, if such Court has ordered the same to be paid in instalments, the amount of any instalment thereof, it may, from time to time, for such time and upon such terms as it thinks fit, suspend the execution of such decree and discharge the debtor, or make such order as it thinks fit.
Summary
- The court has the power to suspend, meaning temporarily pause, the execution, meaning enforcement, of its decrees if a debtor is unable to pay.
- The court can grant this pause if the debtor is unable to pay due to sickness, poverty, or other sufficient cause.
- This power to pause enforcement applies both to lump-sum decrees and to individual instalments, meaning structured partial payments made over time.
- While the enforcement is paused, the court has the authority to discharge, meaning release from custody, an already arrested debtor.
- The court can pause the execution from time to time, for any duration, and under any terms it finds reasonable.
Practical examples
FAQ
1. Can a debt execution be put on hold if a debtor falls sick under Section 30 of the Presidency Small Cause Courts Act?
Yes, under Section 30 of the Presidency Small Cause Courts Act, 1882, the court can suspend the execution of a decree and release the debtor if sickness prevents them from paying.
2. What reasons are accepted to pause the enforcement of a court decree under Section 30 of the regional Small Cause Courts Act?
Under Section 30 of the regional Small Cause Courts Act, 1882, the court accepts sickness, poverty, or any other sufficient cause as valid reasons to suspend execution.
3. Can a court suspend individual instalment payments under Section 30 of the 1882 Small Cause Courts law?
Yes, under Section 30 of the 1882 Small Cause Courts law, if a court has ordered a decree to be paid in instalments, it can suspend the execution of any instalment if the debtor is unable to pay.
Test yourself
Q1.Which of the following is specifically named as a reason for a court to suspend the execution of a decree under Section 30 of the Presidency Small Cause Courts Act, 1882?
Q2.Under Section 30 of the regional Small Cause Courts Act, 1882, what can the court do to an already arrested debtor when it decides to suspend their decree?
Q3.How much flexibility does the court have when pausing a decree under Section 30 of the 1882 Small Cause Courts law?
Q4.Under Section 30 of the presidency small cause court rules, what happens if a debtor cannot pay a single instalment of a debt ordered to be paid in instalments?
Q5.In comparing Section 29 and Section 30 of The Presidency Small Cause Courts Act, 1882, which statement accurately reflects how a debtor may be discharged from custody?