Bhutt v Dass (C.C. 69/1931.) [1931] EACA 10 (1 January 1931)

#### ORIGINAL CIVIL.

#### Before Dickinson J.

# MAGANLAL M. BHUTT (Plaintiff) $\mathbf{r}$

### THAKUR DASS (Defendant).

# C. C. $69/1931$ .

- Exemption from arrest of civil debtor while going to, attending or returning from Court or Tribunal wherein he is a party, advocate, agent or witness. Section 86 (2) Civil Procedure Ordinance. - $Held(17-4-31)$ :—That a civil debtor against whom a warrant of arrest is issued is protected by section 86 (2) of the Civil Procedure<br>Ordinance while returning from a Commission of Inquiry regard-<br>ing the validity of an Election under the Legislative Council<br>Ordinance, Cap. 24, and the Commi Cap. 25. Revised Laws.

Delany (for Figgis) for Judgment Creditor. Varma for Judgment Debtor.

Judgment was duly entered against the defendant and execution proceedings against him taken on which a Warrant of Arrest issued. The judgment debtor was a party to an Election Petition and, on 29th June, 1931, had attended before a Commissioner appointed under the Commissions of Inquiry Ordinance to enquire into the validity thereof. He was arrested in course of returning to his home at the close of the proceedings.

Counsel for judgment-creditor submitted that the arrest was justified under sub-section (3) of section 86 of the Civil Procedure Ordinance.

The judgment debtor in person submitted that there was no order for immediate execution of the warrant in the sense of the sub-section and that he had not been given a reasonable time to return to his home.

RULING.—The Enquiry was by a Commissioner into the validity of an Election under Cap. 24, and Cap. 25. By section 12 of Cap. $25$ , proviso, a witness there has all the privileges of a witness before the Supreme Court.

The Civil Procedure Ordinance, section 86, sub-section (2), protects parties and witnesses from civil arrest, either going to, whilst at, or leaving a trial.

I hold the applicant/debtor was wrongly arrested and must be released and permitted to go home.