Paragraph Rule 14 Discharge of debtor otherwise than on payment

Where the judgment creditor lodges with F1court a request that a debtor lodged in prison under a warrant of committal may be discharged from custody, court shall make an order for the discharge of the debtor in respect of the warrant of committal and the court shall send the gaoler a certificate of discharge.

Where a debtor who has been lodged in prison under a warrant of committal desires to apply for F2... discharge under section 121 of the Act, the application shall be made to the judge in writing and without notice showing the reasons why the debtor alleges that F3the debtor is unable to pay the sum in respect of which the debtor has been committed and ought to be discharged and stating any offer which the debtor desires to make as to the terms on which ... discharge is to be ordered, and Order 27, rule 8 (3) and (4), shall apply, with the necessary modifications, as it applies to an application by a debtor for ... discharge from custody under section 23 (7) of the Attachment of Earnings Act 1971^f1.

If in a case to which paragraph (2) relates the debtor is ordered to be discharged from custody on terms which include liability to re-arrest if the terms are not complied with, the F4court may, on the application of the judgment creditor if the terms are not complied with, order the debtor to be re-arrested and imprisoned for such part of the term of imprisonment as remained unserved at the time of discharge.

Where an order is made under paragraph (3), a duplicate warrant of committal shall be issued, indorsed with a certificate signed by the court officer as to the order of the judge.