Debtors Act 1934 · 2020 Revised Edition · Part 5 · Application to District Courts
25. Power of District Judge to order discharge of debtor
Feedback & supportIf at any time it appears to the satisfaction of a District Judge that any debtor arrested or confined in prison by order of the District 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 District Judge may order his discharge upon such terms (including liability to rearrest if the terms are not complied with) as the District Judge thinks fit.
judge
“judge” means a judge sitting in chambers in all cases where proceedings are taken in the General Division of the High Court and means a District Judge sitting in chambers in all cases where proceedings are taken in a District Court;
Where an order of commitment issued by one District Court has been sent to another District Court for execution, the judge of that other court shall have the same power as the judge of the court in which the order of commitment was made of ordering the discharge of the debtor under this section.
court
“court” means the General Division of the High Court or a judge when sitting in open court in all cases where proceedings are taken in the General Division of the High Court and means the District Court or a District Judge when sitting in open court, in all cases where proceedings are taken in a District Court;