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Section 5

Power of court to order discharge of debtor

of Debtors Act 1957

ActIn forceProvision 5 of 23
Section 5
(1)

If at any time it appears to the satisfaction of a court that any debtor arrested or confined in prison by order of the court is unable from any cause to pay any sum recovered against him

(whether by way of satisfaction of a claim or counterclaim or by way of costs or otherwise), or any instalment thereof, and ought to be discharged, the court may order his discharge upon such terms (including liability to re-arrest if the terms are not complied with) as the court thinks fit.

(2)

Where an order of commitment issued by one court has been sent to another court for execution, that other court shall have the same power as the court in which the order of commitment was made of ordering the discharge of the debtor under this section.