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CS Professional · Drafting, Pleadings and Appearances · Judicial and Administrative Framework

Mr. Raman Iyer, a member of a State Legislative Assembly, is a judgment-debtor in a money decree against him. The decree-holder seeks his arrest in civil process on a day when the Assembly is in session and he is attending its meeting. Under the Code of Civil Procedure, 1908, what is the position?

He cannot be arrested or detained under civil process while the Assembly meeting continues. Section 135A exempts members of legislative bodies from civil arrest and detention during the meeting, so a money decree does not permit his arrest at that time.

  1. AHe cannot be arrested or detained in prison under civil process during the continuance of the meetingCorrect
  2. BHe can be arrested because a money decree overrides legislative privilege
  3. CHe can be arrested only if the Speaker is informed after the arrest
  4. DHe can be arrested but must be released within 24 hours

Explanation

Section 135A(1)(a) says no member of a State Legislative Assembly is liable to arrest or detention in prison under civil process during the continuance of a meeting of that House. The option allowing arrest because of a money decree ignores this exemption.

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