Silva vs Sella Umma – clr volume 3 page 041

In the case between Plaintiff C. Silva and Defendant Sella Umma, the court addressed the interpretation of “sum awarded” under Section 299 of the Civil Procedure Code, specifically whether a judgment-debtor may be arrested for a remaining unpaid balance of less than Rs.200 when the initial decree exceeded that amount, and whether the fiscal’s return following property sale was sufficient to support such an arrest. It was held that the procedural foundation required by Section 298 had not been satisfied, and that strict compliance with statutory safeguards is vital before issuance of a warrant of arrest against the debtor. The court reaffirmed the principle that procedural safeguards under the Code must be strictly observed to protect debtors, relying on statutory interpretation and the req