Order 47 — Arrest of Absconding Defendant

If in any action the Defendant is about to leave the jurisdiction of the Court, or has disposed of, or removed the Defendant’s property from the jurisdiction of the Court, the Plaintiff may, either at the institution of the suit or at any time thereafter until final judgement, apply by ex-parte motion to the Court for an order that the Defendant do show cause why security should not be taken for the Defendant’s appearance to answer and satisfy any judgement that may be passed against the Defendant in the suit.

(1) If the Court, after making such investigation as it may consider necessary, shall be of the opinion that there is probable cause for believing that the Defendant is about to leave the jurisdiction of the Court and that by reason thereof the execution of any judgement which may be made against the Defendant is likely to be obstructed or delayed, the Court shall issue a warrant to bring the Defendant before it to show cause why the Defendant should not give good and sufficient recognisance for the Defendant’s appearance.

(2) The Defendant shall be brought to Court within 2 days of the execution of the warrant.

If the Defendant fails to show cause, the Court shall order the Defendant to give recognisance for the Defendant’s appearance at any time when called upon while the suit is pending and until execution or satisfaction of any judgement that may be passed against the Defendant in the suit or to give recognisance for the satisfaction of such judgement; and the surety or sureties shall undertake in default of such appearance or satisfaction to pay any sum of money that may be adjudged against the Defendant in the suit with costs.

(1) Where a Defendant offers to deposit a sum of money in lieu of recognizance for the Defendant’s appearance, sufficient to answer the claim against the Defendant, with costs of the suit, the Court may accept such deposit and direct that the deposit be paid into an interest yielding account in a bank.

(2) Where a Defendant offers security other than money in lieu of recognisance for the Defendant’s appearance, sufficient to answer the claim against the Defendant, the Court may accept such security and make such order as it may deem fit in the circumstances.

(1) If the Defendant fails to furnish security or offer a sufficient deposit, the Court may commit the Defendant into custody until the determination of the suit, or if judgement has been given against the Defendant, until the execution of the judgment.

(2) Committal to custody under this Rule shall not exceed a period of 6 months.

(3) The Court may, at any time, upon reasonable cause being shown and upon such terms as to security or otherwise as may seem just, release the Defendant.

The expenses to be incurred for the subsistence in correctional or detention facility of the person so arrested shall be paid by the Plaintiff in the action in advance, and the amount so disbursed may be recovered by the Plaintiff in the suit, unless the Court shall otherwise order. The Court may release the person so held in custody on failure by the Plaintiff to pay the subsistence money, or, in case of serious illness, order the removal of the person to hospital.